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HomeMy WebLinkAboutMiscellaneous - 300 CHESTNUT STREET RECEIVED Town of North Andover TG'J!H C! R'i S G"ICE Office of the Planning Depa rtnrAY 20 PH 2I 00 Community Development and Services Division 1600 Osgood NORTH TT!,TG; .. : A" s[r North Andover, Massachusetts 01845 MASSAGH'J'.GOSET ,`1 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: May 18,2010 Date of Hearings: April 4,2010,April 20, 2010,May 4,2010 Date of Decision: May 18,2010 Application of: Clear Wireless LLC Premises Affected: 300 Chestnut St., North Andover Assessor's Map 98, Lot 2 Referring to the above petition for a Wireless Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority. So as to allow the ability to co-locate and operate its Wireless Facility on an existing guyed tower owned by SBA. The equipment consists of 3 panel antennas and 3 wireless backhaul antennas to be located at approximately 140 feet and 1 equipment cabinet to be installed at the existing wireless se ce facility owned and operated by the SBA Properties Inc. at 300 Chestnut St. Af[he equipment will be located within the existing fenced area of the wireless sce facility. The Planning Board hereby unanimously APPROVES the Wireless Special Permit for the installation of a Wireless Facility on an existing wireless service facility. N h Andover PI rang n Simons,Chairman Richard Rowen Tim Seibert Courtney IaVolpicelo Michael Colantoni 1 After a public hearing given on the above date, the Planning Board voted to APPROVE A WIRELESS SPECIAL PERMIT ON May 18, 2010, based upon the following conditions: The Planning Board herein approves the Special Permit to locate equipment consisting of 3 panel antennas and 3 wireless backhaul antennas to be located at the height of approximately 140 feet and 1 equipment cabinet to be installed at the existing wireless service facility owned and operated by the SBA Properties Inc. at 300 Chestnut St. All of the equipment will be located within the existing fenced area of the wireless service facility. The Special Permit was requested by David Torres, Esq,of Goodman Networks, Agent for Clear Wireless, LLC, 4400 Carillon Point, Kirkland, WA 98033. This application and additional documentation as cited herein was filed with the Planning Board on February 26, 2010, with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 8.9, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: I. The specific site is an appropriate location for the project as the applicant will be co-locating their equipment at an existing wireless facility site at 300 Chestnut St., thus complying with the requirements of section 8.9.6 for co-location. 2. The applicant has proved, through the use of RF coverage maps, that there is currently no service for the carrier in the proposed area and thus there is a gap in service. They have also shown, through the same RF coverage maps, that the proposed installation will provide coverage for the carrier, thus closing the gap. 3. The application meets the filing requirements of the Wireless Service Facilities By-law Section 8.9. The applicant has demonstrated that the proposed wireless facility is in compliance with FCC regulations regarding Maximum Permissible Exposure(MPE) limits, as indicated by the submittals and reports provided by the applicant,authored by Scott Heffernan, Radio Frequency Engineer of Transcom Engineering, Inc. The report is dated March 10,2010. The conclusion stated in the reports is that the applicant's Wireless Facility installation contributes a maximum RF exposure of less than 2 percent of the current State and Federal permissible exposure guidelines. The Planning Board's consultant,Mark Hutchins,has reviewed this report and has agreed with its findings. The Telecommunications Act of 1996 prohibits this Board from taking health effects of RF transmissions into account beyond FCC requirements. Mr. Hutchins also verified that the application is in compliance with the Federal Communications 2 Commission(FCC)standards and that the application is proper with regard to the following: a. The determination that a significant gap in coverage exists. b. The determination that the proposed facility complies with FCC RF exposure guidelines c. The determination that co-location on an existing structure avoids construction of new towers. 4. The applicant has provided a letter from a certified engineer stating that the existing structure is adequate to support the load imposed by the proposed equipment. 5. The applicant had also demonstrated that the site is in compliance with the Noise Standards as set forth in section 8.9.8(b). 6. The Planning Board received input and answered questions from residents. The Planning Board believes that the applicant has demonstrated compliance with the Town of North Andover Zoning Bylaw requirements for this application. a. Section 8.9.3.b.i. of the Zoning Bylaw not only encourages, but if feasible, requires that a wireless service facility shall be located on a preexistent structure. In this case,the applicant intends to locate the facility on the preexistent structure upon which other wireless facilities are currently located. Requiring this applicant to place its existing facility at a different location would go against the preexistent structure mandate of the Bylaw. 7. Section 8.9.6 of the Zoning Bylaw not only encourages,but requires,colocation of a wireless facility. Requiring this applicant to place its existing facility at a different location would go against the colocation mandate of the bylaw. 8. Opponents claim that various provisions of Section 8.9.5 in the bylaw, requiring an applicant to submit information,have not been met and therefore the permit should be denied. However, Section 8.9.5.d.ix states: "ix)Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed wireless service facility." The Board finds that the information which has not been provided as may be required by Section 8.9.5 is not needed for a thorough review of the proposed personal wireless service facility. Therefore, the Board hereby waives the application requirements in Section 8.9.5 for the information which has not been provided. Refer to the WAIVERS section of the decision for the complete list of 3 waivers. 9. The Board finds that the application complies with Section 10.31 of the Zoning Bylaw in that: a. The specific site is an appropriate location. This is not a new site. This application is for a location and facility which have been in use. Engineering reports confirm that there is currently no coverage and that this site is needed to close a substantial gap in coverage. b. The use will not adversely affect the neighborhood. The facility complies with FCC regulations regarding radiofrequency emission. C. There will be no nuisance or serious hazard to vehicles or pedestrians. The facility has been in use since 1997 and there are no reports of any hazards. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The facility has been in operation as a wireless facility and there are adequate safety measures in place for existing and proposed facilities. e. This use is in harmony with the general purpose and intent of the zoning bylaw. The bylaw specifically provides for such a wireless facility and the use has been in operation since 1997. 10. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Section#16. it. The plan meets the requirements of the Wireless Service Facilities By-law Section 8.9, with the exception of the waivers granted listed in Condition #15. 12. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The proposed antennas cables and equipment area are described in detail on the plans and reports referenced herein. The proposed equipment shelter will be an unoccupied, unmanned, specialized area for the wireless communications equipment. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an 4 approval to the applicant provided the following conditions are met SPECIAL CONDITIONS: 1) Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment from the subject property within ninety days. 2) Upgrades: Any upgrades to the equipment to be installed on the tower would require a new structural report to be submitted to the Planning Board for review. 3) Performance Guarantees a) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. b) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 5 4) Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) After the equipment on the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. c) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 5) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The applicant shall provide a map indicating the intended locations for testing as required above. b) A bond in the amount of$5,000 shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the 6 Town of North Andover. This check will then be deposited into an interest bearing escrow account. c) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections 3a and 3b. 6) Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) The applicant shall determine the preexisting conditions of the noise levels emanating from the site to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and therefore a baseline condition from which the applicant determine their increases. The noise levels shall not increase the broadband level by more than lOdb(a) above the ambient levels or produce a "pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. The applicant may use relevant professional sound emitting data from the prior building use to build a baseline based on prior use of the building and grounds. References to sources for data must be included in the material. 7) Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 8) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 9) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 10)No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7 11)The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 12)Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 13)Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 14)This Special Permit approval shall be deemed to have lapsed after three years from the date permit granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 15)The following waivers were granted in determining this decision in accordance with the authority designated by Section 8.9.3.c.v.3 of the Zoning Bylaw and Section 8.9.5.d.ix: 8.9.5.d.ii.4. -A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. The applicant is unable to accurately secure this information from other wireless carriers. 8.9.5.d.ii.5. - GPS all equivalent system locating by latitude and longitude wireless service facilities. The applicant is unable to accurately secure this information from other wireless carriers. 8.9.5.d.iii.3. -Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. The applicant is proposing a co-location at an existing wireless service facility on a building rooftop which will not alter or have any impact on the existing tree cover. 8.9.5.d.iii.8. -Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. The applicant is proposing a co-location at an existing wireless services facility on a building rooftop and there will be no changes in the distance from existing facility to each building on the vicinity plan. 8.9.5.d.iii.9. -Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. 8 'Be applicant is proposing a co-location on a building rooftop and there will be no changes in the existing contours of the subject or adjacent properties. 8.9.5.d.iii.10. -All proposed changes to the preexistent property, including grading, vegetation removal and temporary or permanent roads and driveways. The applicant is proposing a co-location on an existing rooftop wireless services facility and there will be no changes,temporary or permanent,to the exisfing grades, vegetation,roads or driveways. 8.9.5.d.iii.13. - Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. The applicant is proposing a co-location on an existing rooftop wireless services facility and there are no wetlands on the subject property or within 100' of Applicant's proposed co-location. 8.9.5.d.iv.4.d.—Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation,with approximate elevations dimensioned. The applicant is proposing a co-location on an existing wireless services facility on a building rooftop and there will be no changes to the preexistent trees and shrubs. 8.9.5.d.iv.4.e.—Grade changes, or cuts and fills,to be shown as original grade and new grade line,with two-foot contours AMSL. The applicant is proposing a co-location on an existing wireless services facility on a building rooftop and there will be no grade changes or cuts and fills. 8.9.5.d.v.3. —(3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs,and security barrier, if any. The applicant has provided equipment brochures showing photographs of proposed equipment. 8.9.5.d.v.5. —(5)Appearance shown by at least two photographic superimposition's of the wireless service facility within the subject property. The photographic superimposition's shall be provided for the antennas,mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. The applicant has provided a visual analysis document, showing photographic superimposition of the proposed antennas on the existing wireless facility. 9 8.9.5.d.v.6.—(6)Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. The applicant is proposing a co-location on an existing wireless facility and there will be no changes to the existing landscape. 8.9.5.d.v.7.—(7) During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site,at the expense of the applicant,to illustrate the height of the proposed facility. The applicant is proposing a co-location on an existing wireless services facility and there will be no change to the existing height of the structure. 8.9.5.d.v.8.—If lighting on the site is required by the FAA, the applicant shall submit a manufacturer's computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. The applicant is proposing a co-location on an existing wireless services facility that does not require lighting under FAA regulations. 8.9.5.d.vii.3.—Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. Massachusetts Department of Public Health approval is no longer required. 8.9.5.d.viii.1.—At the time of application filing,an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC. The applicant is proposing a co-location at an existing wireless services facility that does not require an Environmental Assessment under FCC regulations. 16)The following information shall be deemed part of the decision: a) Plan titled: Clearwire Site Name: SBA Tower Clearwire Site ID: MA-1085 300 Chestnut St. North Andover,MA Essex County Prepared for: Clearwire 4400 Carlton Point Kirkland, WA 98033 10 Prepared by: Morrison Hershfield Two South University Drive, Suite 245 Plantation, FL33324 Dated: 8/31/09,revised 10/26/09. 2/19/10 Sheets: Sheet Number Title T-1 Cover Sheet T-2 General Notes &Legend T-3 Plot Plan A-1 - Compound Plan A-2 Tower Profile A-3 GPS cables,RF System Details A-4 Cabinet Details A-5 Cable Bridge Details A-6 BH Antenna Details E-1 Electrical Plan E-2 One Line Diagram E-3 Grounding Electrical Details E-4 Grounding Details F-5 BH Antenna Grounding Details b) Documentation Submitted: 1. Original Planning Board Application for Special Permit, dated February 26, 2010, complete with certified abutters' list; 2. Application Narrative From David Tones of Goodman Networks,dated February 26,2010; 3. An RF report,dated March 10. 2010,prepared Scott Heffernan,Radio Frequency Engineer,of Transcom Engineering,with narrative and charts, showing RF emissions testing results; 4. Report from RF Engineer Mark Hutchins, dated April 13,2010; 5. RF Engineer Affidavit, signed by Philip D. Leite, dated February 14, 2010. 11 6. Broadband Radio Service License,dated effective date 6/11/2009; 7. Structural Analysis, dated August 14, 2009,prepared by Hudson FDH Engineering, Inc., Trent T. Snarr Engineer; 8. Report from J. Tymon, dated April 14,2010; 9. Noise Study,prepared by Noise Control Engineering, Inc., dated March 3, 2010, revised April 27,2010 and signed by Michael Bahtiarian; 10. Product Brocures from DragonWave,Argus Technologies and DDB Unlimited Inc; 11. Letter of Authorization from John Storch of Clearwire,authorizing Goodman Networks to act on their behalf,dated Feb. 9,2009 12. Letter of Authorization from SBA Properties authorizing Clearwire to act as their agent; 13. Request for waivers from David Torres of Goodman Networks, dated April 1, 2010,including a separate request for waiver from Site Plan Review 14. Coverage Maps, showing existing coverage and proposed coverage, dated 3/11/2010; 15. Visual Analysis from EBI consulting,prepared for Clearwire, MA-BOS5493-z, SBA Tower, dated February 22, 2010; 16. Memo from The Zoning Code Enforcement Office,Gerald Brown, dated April 24, 2010,regarding the 600 ft. setback. 12 2101 UEC 24 PICOMMONWEALTH OF MASSACHUSETTS CSEX COUNTY - ESSEX COUNTY SUPERIOR COURT DEPT. PARTIES: Steven Tryder VS. North Andover Planning Timothy lnlella, John mos, Richard Rowan Alberto Angles, Lincoln and Land Owners: Jack E. Carter & Raymond B. Agler and Petitioner: Sprint Spectrum, L.P. FACTS: Parties are legal residents of North Andover and abutters to the site located at 300 Chestnut Street, North Andover. The North Andover Planning Board is authorized to issue special permits for wireless facilities in the Town. Sprint has applied for a renewal of a special permit at 300 Chestnut Street which expired in 2003. SPRINT has violated the conditions of their original special permit and the Parties believe that this installation imposes visual blight on the neighborhood, diminishes the use and value of their property, and affects their ability to resell due to its location homes lddle a residential where the legal setback lhborhood ess than 300 feet is 600 feet. The North Andover Planning Board held hearings on 8/2/07 thru 11/20/07 and plaintiffs objected to issuing of a r n w I due to expiration of the original permit, failure to comply with bylaw requirements, and failure to obtain a new variance from the Zoning Board of Appeals. The Planning Board granted the special permit on November 20, 2007 and filed it with the Town Clerk's Office on December 4, 2007. A COPY OF THE PERMIT IS ATTACHED. The issuance of the special permit exceeds the authority of the Planning Board and was arbitrary and capricious. uest hat an ul he special permit awa awarded by the Plathe nning Bontiffs atis Court Board of North Andover. Signe/ Date: 6�< 2y2-007 Steven Tryder pro se FILED 386 Chestnut Street N THE SUPERIOR COURT FOR THE COUNTY OF ESSEX North Andover, MA 01845 DEC 2 4 2007 Town of North Andover Office of the Planning Department Community Development and Services Divisiea, -;CEIVED� ;,�- ����, , -+� Osgood [andira °•"` 1600 Osgood Street 2COI DEC -4 PH I: 27 Building#20,Suite 2-36 Lincoln Daley North Andover,lvl s drusetts 01895 i Town Planner r"RTti 1:'l[Ct P(978)688-9536 F(978)688-9592 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date:December 3,2007 Date of Hearings: August 2, 2007 thm November 20,2007 Date of Decision: November 20,2007 Petition ofi Sprint Spectrum,L.P. Sprint Neittel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8 9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 inning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: /f of John Simons, A mg Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARDOFMPEA 688-9541 UMDiNG688A545 CONSMVAMN688-9530 F T11688�9540 PLANNmG688-9535 300 Chesmut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel amenias and associated cabling, utilities,and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP,P.O. Box 614, Stowe,VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3,2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antenuas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned,specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables,or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: I 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: I. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.In the event that a licensed tamer fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove'shall include,but not be limited to: i) Removal of antemas,mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer,architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and,as necessary,shall obtain the authorization of the owcer of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the tarsier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment oa the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds,sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPCA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 3. Term of Special Permit a) A Special Permit issued for any wireless service facility shall be valid for three(3)years.The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment an,as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit,preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, my and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise exccedmg levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as sbowa on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition 1115 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board,Commission,or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 12. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(dxiix5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)-Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)-Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)-Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(iii)(9)-Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(ui)(12)-Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5xd)(iv)-Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)-Letter form the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for. Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates, Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1, S-1 through S4,E-2 through E4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property') Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street,Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property') Prepared for. Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105, 300 Chestnut Street,North Andover,MA Prepared for. Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for. General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectnu,L.P. Renewal of Special Permit 150'Guyed Tower Site Name:North Andover,Massachusetts SiteID: MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: 1 through 9 CC. Building Inspector Applicant Engineer 7 i Town of North Andover Office of the Planting Department Community Development and Services Division �tlV�p Osgood Landing 3600 Osgood Street 2247 DEC —4 PM 1: 28 Building#20,Suite 2-36 Lincoln Daley North Andover,Massachusetts 01845 _ Town Planner hi OR TIi A;dGJ!`L-? P(978)686-9535 MA SS AC.11li j F(978)688-9542 - NOTICE OF DECISION Bldg. ZBA Con/Com Health Fire Chief Police Chief Any appeal shall be filed Town Clerk DPW/Engineers within(20)days after the date of filing this Notice _/ in the office of the Town l 04 04 Clerk. Date: December 3, 2007 Date of Hearings: August 2,2007 thm November 20, 2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum, L.P. Sprint Nextel 9 Crosby Drive Bedford, MA 01730 Premises Affected: 300 Chestnut Street,Map 98C, Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: e John Simons, A mg Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARDOFAPFE 688-9541 BMDWG688-9545 WNSERVAVON688-9530 UE M6M9500 PIANMNG688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL.CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carver shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove'shall include,but not be limited to: i) Removal of antennas,mount, equipment shelters and security barriers installed by the carver (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carver from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demohtion and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carver from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier,shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carrier; shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and 4 successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board, Commission,or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 12. Any revisions shall be submitted to the Town Plannef for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20, 2007. Prior to the expiration date of the renewed special permit, the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. It. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property'l Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic,hic. (the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105,300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O. Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates, Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A, Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 „,..„ Town of North Andover o= Office of the Planning Department _ ,_, , Community Development and Services Division o Osgood Landing „ < 1600 Osgood Street YW1 DEC -4 F.1 1; 21 Building#20,Suite 2-36 North Andover,Massadlusetts 01845 i Lincoln Daley - Town Planner P(978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date: December 3, 2007 Date of Hearings: August 2,2007 thm November 20, 2007 Date of Decision: November 20,2007 Petition of- Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford, MA 01730 Promises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: 2z�/f of John Simons, ACLkking Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert aOARDOFA PEA 688.9541 uMDn4G688-9545 MNSERVAUON689-9530 HEAL 6884540 PL4 ING688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: I. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carver has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public i s indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures, antennas, cables, or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL.CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carver within 90 days from the date of abandonment or discontinuation of use. "Physically remove'shall include,but not be limited to: i) Removal of antennas,mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carver from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and,as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility bas been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the stmcture,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds,sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 3. Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three(3)years.The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Sermon 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and coapplicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. c) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carvers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board, Commission,or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board 12. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(iii)(9)-Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)-Line representing the sight line showing viewpoint and visible point from`Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)- Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)-Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates, Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1, S-1 through S-4,E-2 through E4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C, Lot 001 (the"Property') Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant') Prepared by: Prince, Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3, 2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for. Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince, Lobel,Glovsky&Tye LLP 100 Cambridge Street,Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID: MA2105 Site Name: Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by. C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3, 2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105,300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates, Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: I through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 269 2007 Pages: I through 6,Appendix A.Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID: MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services, Inc. Prepared by: FDH Engineering, Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: 1 through 9 CC. Building Inspector Applicant Engineer 7 2001 DEC 24 FIOOMMONWEALTH OF MASSACHUSETTS FS—$$X COUNTY - ESSEX COUNTY SUPERIOR COURT DEPT. PARTIES: Steven Tryder VS. North Andover Planning Board: Timothy Siebert, Richard Nardella, John Simons, Richard Rowen, Alberto Angles, Lincoln Daley and Land Owners: Jack E. Carter & Raymond B. Agler and Petitioner: Sprint Spectrum, L.P. FACTS: Parties are legal residents of North Andover and abutters to the site located at 300 Chestnut Street, North Andover. The North Andover Planning Board is authorized to issue special permits for wireless facilities in the Town. Sprint has applied for a renewal of a special permit at 300 Chestnut Street which expired in 2003. SPRINT has violated the conditions of their original special permit and the Parties believe that this installation imposes visual blight on the neighborhood, diminishes the use and value of their property, and affects their ability to resell due to its location in the middle of a residential neighborhood less than 300 feet from their homes where the legal setback is 600 feet. The North Andover Planning Board held hearings on 8/2/07 thru 11/20/07 and plaintiffs objected to issuing of a renewal due to expiration of the original permit, failure to comply with bylaw requirements, and failure to obtain a new variance from the Zoning Board of Appeals. The Planning Board granted the special permit on November 20, 2007 and filed it with the Town Clerk's Office on December 4, 2007. A COPY OF THE PERMIT IS ATTACHED. The issuance of the special permit exceeds the authority of the Planning Board and was arbitrary and capricious. PRAYER FOR RELEASE: Whereby the Plaintiffs request that this Court annul the special permit awarded by the Planning Board of North Andover. Signed Date: kC. 242-607 Steven Tryder pro se FILED 386 Chestnut Street FOR THE SUPERIOR of URT North Andover, MA 01845 ESSEX DEC 24 2007 c�� � Town of North Andover Office of the Planning Department Community Development and Services Division ,CEIVED Osgood Landing 1600 Osgood Street 2101 DEC -4 PH 1: 27 Building 020,Suite 2-36 Lincoln Daley North Andover,Massadlnsetts 01895 Iowa Flamer il�RTII HI;G�'ti': P(978)689-9536 KASS„Cf UaEi i� F(978)688-9M2 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date: December 3,2007 Date of Hearings: August 2,2007 thin November 20,2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Promises Affected: 300 Chestnut Street,Map 98C, Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a She Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8 9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: ,.- �/ ff of John Simons, A&ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOA OFMPEA 688-9541 BIMDENG68&9545 WNSERVAnON66&9530 HEAL 68&9540 P[M' 0688-9535 300 Chestnut Street Sprint Specuum L.P. Renewal of Special Peanut The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antenas and associated cabling, utilities,and equipment on an existing tower structure in the Residential 3 Zoning District. This rtnewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP,P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3,2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planing Board's £des and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: I. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will he provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned,specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antenas, cables,or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planing Board hereby grants an approval to the applicant provided the following conditions are met: I 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of on. "Physically remove"shall include,but not be limited to: i) Removal of antennas, mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. it) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be wed by an engineer, architect in other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPCA.The carrier shall authorize and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occutred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insumnice companies shall be in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPCA. b) Funds,sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Pennit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute&ball be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 3. Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three(3)years.The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGR, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit,preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the and of this decision as endorsed by the Planning Board. 4. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planting Staff. 5. in an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. S. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The Provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board,Commission,or Department that requires changes in the plan or design of the building as presented to the Planing Board, may be subject to modification by the Planting Board. 12. Any revisions shall be submitted to the Town Planer for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Reviews]of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings,including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5xd)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for. Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1,S-1 through S4,E-2 through E-4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street,Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property') Prepared for. Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant') Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street,Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs I through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for. Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105, 300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152'Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 '.. Dated: October 26,2007 Pages: 1 through 6,Appendix A.Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150'Guyed Tower Site Name: North Andover,Massachusetts Site lD: MAOI 085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engincering, Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: I through 9 cc. Building Inspector Applicant Engineer 7 01_ay� -� 21D1 G_C 24 F COMMONWEALTH OF MASSACHUSETTS F,$,,4EX COUNTY - ESSEX COUNTY SUPERIOR COURT DEPT. PARTIES: Steven Tryder vs. North ooe ' Timothy nle a, ohn Simos, Rihad RwnAlberto Anges, Lincoln and LandOwners: Jack E. Carter & Raymond B. Agler and Petitioner: Sprint Spectrum, L.P. FACTS: Parties are legal residents of North Andover and abutters to the site located at 300 Chestnut Street, North Andover. The North Andover Planning Board is authorized to issue special permits for wireless facilities in the Town. Sprint has applied for a renewal of a special permit at 300 Chestnut Street which expired in 2003. SPRINT has violated the conditions of their original special permit and the Parties believe that this installation imposes visual blight on the neighborhood, diminishes the use and value of their property, and affects their ability to resell due to its location in the from their homes where ole f he legal setback neighborhood is600feetess than 300 feet The North Andover Planning Board held hearings on 8/2/07 thru 11/20/07 and plaintiffs objected to issuing of a renewgi due to expiration of the original permit, failure to comply with bylaw requirements, and failure to obtain a new variance from the Zoning Board of Appeals. The Planning Board granted the special permit on November 20, 2007 and filed it with the Town Clerk's Office on December 4, 2007. A COPY OF THE PERMIT IS ATTACHED. The issuance of the special permit exceeds the authority of the Planning Board and was arbitrary and capricious. uest that an ul he special permit awa awarded Whereby the Planning Bothe Plaintiffs a �s Court Board of North Andover. SignecJ/ Date: �k(- Zy Z�o7 Steven Tryder pro se FILED IN THE R COURT 386 Chestnut Street FOR THE COUNT F ESSEX North Andover, MA 01845 DEC 2 4 2007 <�4 / Town of North Andover o " Office of the Planning Department Community Development and Services Division p =EIYED- t+,+dam f: Osgood L-ding 1600 Osgood Street BnOdmg N20,Suite 2-36 MI DEC -4 PH 1 27 Lincoln Daley North Andover,Massachusetts 01895 .i Town Planner C,; P(978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date: December 3,2007 Date of Hearings: August 2, 2007 thou November 20,2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum,LP. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8 9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of it Site Plan Review Special Permit based on the following conditions: Signed: .- 2Q /Faf John Simons, A ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARDOFAPPEA 6M9541 BUn.DWG6M"45 C NSUVATION6W9530 HEALM6M9540 PLA WG688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities,and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP,P.O.Box 614, Stowe,VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: I. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned,specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables,or equipment will be constructed or installed. Finally,Planning Board fmd that the project is in harmony with the geaeml purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon m discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove'shall include,but not be limited to: i) Removal of antennas,mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. u) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carver and the SPGR.The carrier shall authorize and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails in remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after of ording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall he in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 3. Term of Special Permit a) A Special Permit issued for any wireless service facility shall be valid for three(3)years. The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not he limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4. Prior to the fival release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noisecxceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed m shown on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board,Commission,or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 12. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planting Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(dxii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1, S-1 through SA, E-2 through E-4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant') Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street,Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property') Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant') Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number:BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Bax 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105,300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tccci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C t) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum,L.P. Renewal of Special Permit 150'Guyed Tower Site Name: North Andover,Massachusetts Site m:MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by. FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: I through 9 CC. Building Inspector Applicant Engineer 7 Town of North Andover Office of the Plartning Department Community Development and Services Division Osgood Landing 1600 Osgood Street 2101DEC -4 H 1: 27 Building 820,Suite 2-36 Lincoln Daley North Andover,Massachusetts 01845 i` A i`-STil AF; Town Planner P(978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Date: December 3,2007 Date of Hearings: August 2,2007 thin November 20, 2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street, Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: .ai� o^ 6eA,lf sf John Simons, A mg Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARD OF APPEAL568&9541 BLXDWG688-9565 MNSUVAUON698-9530 HEALTH 666-9500 PLA VG688-9515 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is collocated on an existing wireless location 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carver has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures, antennas, cables,or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL.CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carver plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carver fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment m discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas,mount, equipment shelters and security barriers installed by the carver (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorise and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the differeuce in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carver shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds,sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July I of each year. 3. Term of Special Permit a) A Special Permit issued for any wireless service facility shall be valid for three(3)years.The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit,preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise<xceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board,Commission,or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 12. Any revisions shall be submitted to the Town Planner for review. if these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20, 2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 89(5)(d)(iii)(3)-Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)-Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iux8)-Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f Section 8.9(5)(d)(iii)(9)-Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iu)(12)-Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)-Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)-Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed pari of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N. Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1, S-1 through S-4,E-2 through E-4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic, Inc. (the"Applicant') Prepared by: Prince,Lobel, Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for. Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic, Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1, 2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID: MA2105 Site Name: Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by. C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105,300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C t) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105; Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A.Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services, Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID: MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16, 2007 Pages: 1 through 9 W. Building Inspector Applicant Engineer 7 Print Form Town of North Andover Planning Board Application for Special Permit Please type or print clearly. 1. Petitioner: Clear Wireless LLC Petitioner's Address:4400 Carillon Point, Kirkland,MA 98033 Telephone number: (425)216-7600 2. Owners ofthe Land: SBA Properties,Inc. Address:5900 Broken Sound Parkway N.W.,2nd Floor,Boca Raton, FL 33487 Number of years of ownership:Ten 3. Year lot was created: 4. Description of Proposed Project: beta let'n ,.nnr e Q„r cabinet. 5. Description of Premises: Wirelecc Servi ,FeriI N 6. Address ofProperty Being Affected 300 Chestnut Street Zoning District: R3 Assessors: Map: Lot#002 Registry of Deeds: Book M 11688 Page#:260 7. Existing Lot: Lot Area(Sq.Ft) 3,000 Building Height Street Frontage: Side Setbacks: 105 Front Setback: Mr— Rear Setback: Floor Area Ratio: Lot Coverage: 8. Proposed Lot(if applicable): Lot Area(Sq.Ft) Na Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.FO 25,000 Building Height 35' Street Frontage: Mr— Side Setbacks:2Z� RREr'EIVE7 "OY: FF.^r q tcn�c 2010 FEB 26 PH 2: 52 Front Setback: 30' Rear Setback:30' f Ai Ur Floor Ara Ratio: NORTH AIiOO'`, Lot Coverage.' MAS5A 0F,USET-1 10. Existing Building(if appliable): I Ground Floor(Sq.FL) n/a #of Floors: Total Sq. Ft. Height: Use: Type of Construction 11. Proposed Building: Ground Floor(Sq.PL) n/a #of Floors: Total Sq.FL Height: Use: Type of Coostructioo 12. Has there been a previous application for a Special Permit from the Planning Board no these Premises? Yes If so,when and for what type of construction?Wireless 13. Section of Zoning Bylaw that Special Permit Is Being Requested Ser a e_W' I u,Smut,pap,lides 14. Petitioner and Landownersigneeure(s): Every application for a Special Permit shall be made on this f rmh which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does nm absolve the appitcam from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure m comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the planning B card of this application w incomplete. Petitioner's Signature,: Print or type name here: David C.Torres Owner's Signature: Print or type name here: Sae Attached 15. Please list title of plans and documents you will he attaching to this application. 1.Project Narrative 2. Site Plan Review Waiver Request 3. RF Engineering Affidavit 4.Existing Ambient Noise Survey&Projected Equipment Noise Report 5.RF EME Field Survey&Projected Calculation Report for Proposed Equipment 6.Proposed Public Utility Wireless Communications Facility Visual Analysis 7.Certified Stmctural Analysis Report 8.Certified Abutters List 9.SBA Properties, Inc. Letter &Authorization 10. Clearwhe Letter of Authorization 11.Clearxire FCC Licence 12.Argus Panel Antenna Data Sheet 13. Dragonwave Back-haul Antenna Data Sheet 14. DDB Unlimited Cabinet Data Sheet 15.Signed&Stamped Zoning Drawings � GoodmanNetworks Network Knowledge . Delivered . February 25,2010 Town of North Andover Planning Board Town of North Andover 1600 Osgood Street, Building 20,Suite 2-36 Town of North Andover,MA 01845 RE: Application for a Special Permit for a Wireless Service Facility at the at 300 Chestnut Street Applicant: Clear Wireless LLC (Clearwire Site ID MA-BOS5493) Site Address: 300 Chestnut Street Parcel ID: Map 98 Lot 002 Landlord: SBA Properties,Inc. Dear Chairman and Members of the Board: Pursuant to Section 8.9 of the Town of North Andover Zoning Bylaw, please accept the enclosed application for a Special Permit for the co-location of a Wireless Service Facility at 300 Chestnut Street, submitted on behalf of Clear Wireless LLC(Clearwire and Applicant) by Goodman Networks its Agent. Introduction Clearwire one of a limited number of companies licensed by the Federal Communications Commission to provide wireless communication services to not only the residents and businesses of the Town of North Andover, but also throughout the Greater New England region and the United States. On the basis of these licenses, Clearwire is mandated by the Federal Communications Commission to actively construct and operate a seamless wireless telecommunications network in various markets throughout the country, including the Commonwealth of Massachusetts and in particular the Town of North Andover and the greater surrounding area. Clearwire offers wireless broadband networks that provide entire communities with robust, high- speed, residential and commercial internal applications that are affordable and combine the best features of cellular,cable modem, DSL and W i-Fi networks into a single service offering. As part of a multi-year network build-out plan,Clearwire's 4G service,called CLEARTM, will bring together an unprecedented combination of speed and mobility and will be available in markets ranging from major metropolitan areas to small cities and their surrounding areas in the United States and Europe. Since Clearwire launched their innovative wireless service,they believe they are the largest operator of next generation wireless broadband networks in the world. Clearwire operates their wireless network in 47 markets in the United States and currently owns or has access to wireless licenses covering a population of 15.3 million people. They also operate select markets in Europe, where their networks cover approximately 2.9 million people. Clearwire's primary focus is expanding the geographic coverage of their wireless broadband markets in the United States. They are currently engaged in the development,construction and deployment of networks in the United States that will cover 75 million people, with an additional 45 million people being covered by long lead time site development work. Clearwire's current development activities will enable them to offer services to as many as 120 million people by the end of 2010. The Project Clearwire is licensed by the Federal Communications Commission (hereinafter "FCC") to provide wireless broadband communication services by building a network of communication sites using World Interoperability for Microwave Access (WiMAX) technology. This technology, also referred to as IEEE 802.16, utilizes digital transmission to improve the quality and number of available services including, without limitation, Voice and Data Services such as Internet and email access, voice over IP and other data applications. In order to build out its network and meet customer demand for Wireless Broadband Services, Clearwire must have in place a system of 'cell sites' to serve portable wireless communication handsets and mobile telephones. A typical cell site, such as the one proposed,consists of three panel antennas with associated wireless"back-haul"antennas mounted to a building,tower,church or other structure. The antennas are connected to radio operating equipment housed at or near the structure. To maintain effective, reliable and uninterrupted service, there must be a continuous series of cell sites located within close proximity to each other so as to overlap in a system comparable to a honeycomb pattern. If there is no cell site available to accept/receive the signal, network service to the mobile telephone/data service will temninate involuntarily. Accordingly,the overlap of coverage is necessary for the signal to transfer from one cell site to another cell site seamlessly and without involuntary termination. A number of factors determine the distance between cell sites, including, but not limited to,topography,physical obstructions,foliage,antenna height and line-of-sight. The Facility Based on the radio frequency studies, reports and computer models prepared in connection with this project, it is Applicant's assertion that there is inadequate network service available to its customers due to a coverage gap within the Town of North Andover in the surrounding area of Chestnut Street. Also based on the radio frequency studies, reports and computer models prepared in connection with this project, Applicant would be able to alleviate this significant gap in coverage by locating its antennas at an approximate height of one hundred forty (140) feet AGL on the above referenced property as proposed. Without a wireless service facility located at or near 300 Chestnut Street, the substantial gap coverage will continue to adversely impact the service that Applicant is able to provide to the residents and business around Chestnut Street and to individuals traveling through these areas. As further detailed in the accompanying site plan, Applicant is proposing to co-locate three (3)panel antennas and three (3)wireless back-haul antenna at approximately one hundred forty(140) feet, one (1) equipment cabinet and corresponding equipment at the existing wireless service facility owned and operated by the SBA Properties, Inc at 300 Chestnut Street. All of Applicants proposed equipment would be entirely within the existing fenced area of the wireless service facility. After installation, Applicant's wireless service facility will be unmanned and will only require twice monthly visits for maintenance. The only utilities required to operate this facility are standard 120- volt electrical power as well as telephone service. Both of these utility services are presently installed at the existing facility. Applicant's proposed wireless service facility will be installed, erected, utilized and maintained in compliance with all applicable local, state and federal regulations, including, but not limited to: the radio frequency emissions regulations set forth in the 1996 Federal Communications Act, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health. Once in service, it is the responsibility of Applicant to make RF field measurements to ensure the facility's compliance with FCC guidelines. When combined with all other existing wireless service facilities at 300 Chestnut Street, the RF emission from Applicant's proposed antennae would neither exceed State and Federal limits nor "interfere" with the other existing wireless service facilities at the site location. Conclusion Based on the above,and the other information provided in this application, Applicant believes that it satisfies the objectives and requirements set forth in the Town of North Andover's Zoning and Wireless Service Facilities Bylaw, to the extent applicable. Applicant seeks to co-locate antennas at an existing wireless service facility, which facility currently meets all requirements of the Zoning Bylaw; Applicant's wireless service facility will enable Applicant to provide a substantial benefit to the Town of North Andover,and particularly the area surrounding 300 Chestnut Street, in the form of its wireless broadband network services; Applicant's wireless service facility would have minimal noise, traffic and environmental impacts; and failure to grant the Special Permit will result in substantial harm to Applicant in the form of large gaps in coverage in the Town of North Andover, particularly in the area surrounding 300 Chestnut Street, as well as Applicant's failure to meet its FCC license mandate to build and operate wireless communications systems that provide adequate wireless services to the general public. As a result, Applicant respectfully requests that the Planning Board grant Applicant's request for a Special Permit for a wireless service facility at 300 Chestnut Street. Thank you for you your consideration and please do not hesitate to contact me if you have any questions. Respfectfull David C.Tortes,Esq. Goodman Networks 30 Main Street, Ind Floor Ashland,MA 01721 (214)478-3516 dtorres@goodmannetworks.com REQUEST FOR WAIVER OF SITE PLAN REVIEW Due to the nature and specifics of Applicant's proposed wireless service facility at 300 Chestnut Street, Clearwire (Applicant)respectfully requests a waiver from the Site Plan Review under Section 8.3(2)(c)of the Town of North Andover Zoning Bylaw, in addition to any other waivers the Planning Board sees fit to grant. All of Applicants proposed equipment would be co-located within an existing wireless service facility. There are no subdivision plans or change to gross floor-area ratio or use at the property. The proposed co-location will have minimal or no impact on traffic, waste, noise and parking. After installation, Applicant's facility will be passive; it will be unmanned and will only require twice monthly visits for maintenance. The only utilities required to operate the proposed facility are standard 120-volt electrical power as well as telephone service, both of which are presently installed at the existing facility. For these reasons, Applicant's proposed co-location at 300 Chestnut Street will have minimal impact on the general health, safety and welfare. Therefore, Applicant respectfully requests a waiver of the Site Plan Review provision of the Town of North Andover Zoning Bylaw. i • Y CLEAR RF ENGINEERING AFFIDAVIT Site ID: MA-BOS5493 Site Address: 300 Chestnut Street,North Andover,MA 01845 The undersigned hereby state the following in support of the application by Clear Wireless LLC (hereinafter known as"Clearwire")to co-locate at approximately one hundred forty(140)feet above ground level(AGL)on the existing guyed tower and install related equipment at the property located at 300 Chestnut Street,North Andover,MA 01845(hereinafter the"Site"). L I am a Radio Frequency Engineer employed by Clearwire,with an office located at 200 5th Ave, Waltham,MA. 2. My primary responsibilities include radio frequency design and planning in the Commonwealth of Massachusetts,including such areas as North Andover and surrounding communities. 3. 1 have thoroughly reviewed the radio frequency engineering studies, reports and computer models prepared by Clearwire with respect to the Site. 4. Clearwire is licensed by the Federal Communications Commission(hereinafter"FCC")to provide wireless broadband communication services by building a network of communication sites using World Interoperability for Microwave Access (WiMAX) technology. This technology, also referred to as IEEE 802.16, utilizes digital transmission to improve the quality and number of available services including, without limitation, Voice and Data Services such as Internet and email access,voice over IP and other data applications. 5. In order to build out its network and meet customer demand for Wireless Broadband Services, Clearwire most have in place a system of'cell sites' to serve portable wireless communication handsets and mobile telephones. A typical cell site, such as the one proposed, consists of three panel antermas with associated wireless "back-baul" antennas mounted to a building, tower, church or other structure. The antennas are connected to radio operating equipment housed at or new the structure. 6. To maintain effective,reliable and uninterrupted service,there must be a continuous series of cell sites located within close proximity to each other so as to overlap in a system comparable to a honeycomb pattern. If there is no cell site available to accept/receive the signal,network service to the mobile telephone/data service will terminate involuntarily. Accordingly, the overlap of coverage is necessary for the signal to transfer from one cell site to another cell site seamlessly and without involuntary termination. 7. A number of factors determine the distance between cell sites, including, but not limited to, topography,physical obstructions,foliage,antenna height and line-of-sight. 8. Based on the radio frequency studies, reports and computer models prepared in connection with this project, it is my professional assertion that there is inadequate network service available to Clearwire customers due to a coverage gap within the city of North Andover in the surrounding area of Chestnut Street. 9. Based on the radio frequency studies, reports and computer models prepared in connection with this project, it is my further professional opinion that Clearwi a would be able to alleviate this significant gap in coverage by locating Clearwire antennas at an approximate height of one hundred forty(140)feet AGL on the above referenced property as proposed. 10. Without a wireless transmission facility located at or near the Site, the substantial gap coverage will continue to adversely impact the service that Clearwire is able to provide to the residents and business around Chestnut Street and to individuals traveling through this area. 11. The proposed wireless broadband communications equipment shall be in compliance with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation. It is the responsibility of Clearwire to make RF field measurements once this site will be in service in compliance with FCC guidelines. 12. The proposed wireless communications equipment will be installed, erected,maintained and used in compliance with all applicable Federal,State and local regulations,including,but not limited in: the radio frequency emissions regulations set forth in the 1996 Federal Communications Act, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health. 13. The RF emission from these proposed site antennae would not exceed the State and Federal standards,when combined with all other existing PWSA facilities at Turnpike Street,and the new antennae would not "interfere" with the other existing PWS structures from other carriers at the site location. 14. Based upon the best radio frequency technology available at this time, it is my professional opinion that the proposed Site is at the minimum height that is needed to ensure adequate service to area residents and businesses within the geographic area described above. Executed this 14"day of February.2010 Philip D.Leite,Clearwire Radio Frequency Engineer E B I C o n s u l t i n g _ Vis u a l Analysis Prepared For: clearw rt: PROPOSED PUBLIC UTILITY WIRELESS COMMUNICATIONS FACILITY MA-BOS5493-z SBATOWER Provided By: EBI Consulting February 22, 2010 l E B I FN- 91 100066 C O N S U L T I N G Creating baler Jor Your Hatmet.. Site Number: MA-BOS5493-z Site Name: SBA Tower 300 Chestnut Street N Andover, MA 01845 Prepared For: Clearwire Provided By: EBI Consulting 21 B Street Burlington, MA 01803 ph. 781.273.2500 fax 781 .273.3311 ISSUED 02WY7010 REV 1 REV 2 DRAWN BY ME CHECKED By RAJ Net.. These photo slmalahons are inlended to represent modifications retalrve to a person observing the aesthetics of the proposed telecommunications mstathnnu. Thereforethey are inherently approximate in nature and should nut be used as an exact sated, .men eoring drawing. VISIBILITY MAP E� r. 0 � rp,FP0.<ISLL 1p A 0) N Sn A N p 2 1 4� nv O aEo-r' fl Legend 0 140 280 420 560 700 it Project Site O Photo Location Points Non-Visible Locations Photo location Map WG CLEARWIRE/MA-BOS5493-z - SBA TOWER S 300 CHESTNUT STREET t;;. �T1 N ANDOVER, MA 01845 nr. < .w..�r..�.e. PN. 81IDOOfi6 1 y i r '1 1 VIEW I w 1 Ad 'R 1 i1 =z a r� PROPOSED CLEARWIRE ANTENNAS I LOOKING EAST FROM 62 BLUEBERRY LN. VIEW 2 moll mull PROPOSED CLEARWIRE ANTENNAS (NOT VISIBLE) LOOKING NORTHWEST FROM 81 PEACHTREE LN. m � 1}4iy1 J 1 � >, ceX -- t / \Il \ SA �i� �� � ., ` » SW7 . - : .. d S y. r 1 ,y ,wry i out , - 7 r� Structural Analysis for - SBA Network Services, Inc. 152' Guy Tower Site Name: North Andover Site ID: MA01085-A FDH Project Number 09-07148E S1 Prepared By: Reviewed By: q(a--Z>4-4W Trent T. Snarr, EI J. Danin Holt, Ph.D. PE Project Engineer President MA PE License No. 47696 FDH Engineering, Inc. 2730 Rowland Road Raleigh, NC 27615 (919)-755-1012 AV info@fdh-inc.com August 14, 2009 Pnparedpunvam to AWMA-122C S..m f Sw�rdJnr Annmo Sry rlmg Sarv ,.um and nneenna, 2730 Rowland Road,Raleigh,NC 27615 Ph: (919)755-1012 Fan: (919)755-1031 info@fdh-inc.com Structural Analysis Report SBA Network Services, Inc. Site ID:MA01065-A Augusl14,2009 TABLE OF CONTENTS EXECUTIVE SUMMARY.............................................................. 3 Conclusions Recommendations APPURTENANCE LISTING........................................................... 4 RESULTS.................................................................................. 6 GENERAL COMMENTS............................................................... 9 LIMITATIONS........................................................................... 9 APPENDIX................................................................................ 10 2 2730 Rowland Road, Raleigh,NC 27615 Ph: (919)755-1012 Fax (919)755-1031 info@fdh-inc.com Structural Analysis Report SBA Network Services, Inc. Site ID:MA01085-A August 14,2009 EXECUTIVE SUMMARY At the request of SBA Network Services, Inc., FDH Engineering, Inc. performed an analysis of the existing guy tower located in North Andover, MA to determine whether the tower is structurally adequate to support both the existing and proposed loads, pursuant to the Structural Standard for Antenw Supporting Structures and Antennas, ANSLITL4-112-G. Information pertaining to the existing/proposed antenna loading, current tower geometry, member sizes, and soil parameters was obtained from: o Sterling Engineering (Project No. 061-697) Structural Analysis Report dated February 17,2005 o Sterling Engineering(Project No. 061-575)tower reinforcement drawings dated May 25, 2004 o URS Greiner(Job No. 0535525.03)Existing Tower Elevation and Layout dated October 7, 1998 o FDH Engineering, Inc. (Project No. 04-0333E) Dispersive Wave Propagation Testing of an Existing Tower Foundation dated April 14,2004 o Geotechnologies, Inc. (Project No. 1-04-0498-EA) Report of Subsurface Investigation dated April 23,2004 o FDH,Inc.(Project No.05-0656T)TLA/EIA Inspection Report dated June 30,2005 o SBA Network Services,Inc. The basic design wind speed per ANSLITM-112-G standards is 105 MPH without ice and 40 MPH with 1"radial ice. Ice is considered to increase in thickness with height. Conclusions With the current loading and proposed antennas from Clearwire in place at 144 R and 140 It,the tower meets the requirements of the ANSUTIA-222-G standards provided the Recommendations listed below are satisfied. Furthermore, provided the foundations were reinforced per Sterling Engineering's modification drawings (see Sterling Project No. 061-575), the foundations should have the necessary capacity to support the existing and proposed loading. For a more detailed description of the analysis of the tower,see the Results section of this report. Our structural analysis has been performed assuming all information provided to FDH Engineering, Inc. is accurate (i.e., the steel data, tower layout, current antenna loading, and proposed antenna loading) and that the tower has been properly erected and maintained per the original design drawings. Recommendations To ensure the requirements of the ANSI/TL4-122-G standards are met with the existing and proposed loading in place,we have the following recommendations: 1. Coax lines must be installed as shown in Figure 1. 2. The RRH units should be installed directly behind the proposed antennas. 3. The future mounts for Verizon at 100'must be 12' lightweight T-Frons or equivalent. 3 2730 Rowland Road, Raleigh, NC 27615 Ph: (919)7551012 Fax: (919)755-1031 imo«;Dtdh-inc.cem Structural Analysis Report SBA Network Services, Inc. Site ID:MA01085-A August 14,2009 APPURTENANCE LISTING The proposed and existing antennas with their corresponding cables/coax lines are shown in Table 1. 7f the actual layout determined in the field deviates from this layout, FDH Engineering, Inc. should be contacted to perform a revised analysis. Table 1 —Appurtenance Loading Existing Loading: Centerline Antenna Elevation Coax and Lines' Carrier Mount 1 155.74 (1)1-1/4° Arch (1)Pipe Mounts (1)Scala OGB9-900K Omni assumed 2 155.74 (1)1-1/4' Skytel (1)Pipe Mounts (1)Scala OGB9-900K Omni assumed 3 135 (1)7/8' Skill (1)Standoff assumed (1)10'x 2.5'Omni 4-15 130.41 (15)1-5/8' Sprint (3)12'Lightweight (6)RFS APXV86-906513-C T-Frames assumed 6Decibel )B950F65T2E-M 16-27 120 (12)1-5/8' Cingular (3)T-Frames (12)CSS 6)TMA' 7-959-00 6 MA's 28 117 (1) 1@' WBZ (1)Standoff (1)101x7.75'Omni 2940 100° (12)1-5/8" Verizon (3) 12'Lightweight (12)Swedcom SE 9012 T-Frames qt 84.18 (1)7/8' Arch (1)Standoff (1)Decibel D6495-C Omni 42 64.37 (1)112" Sprint Flush (1)Trimble 23620-20 GPS 43 55.87 (1)1/4" Arch (1)Pipe Mount (1)Channel Master 3040646 Dish 44 20.15 (1)1/4' Flush (1)Trimble 23632-20 GPS 1 Sea Figure 1 for wax location. 2 Currently, there is no loading installed at 100'far Verizon. According to information provided by SBA. Verizon may Install up to(12)Swedcom SE 9012 antennas and (12) 1-518'wax at 100'. Analysis performed with the full leased loading in place. 3 Currently,Sprint has(1)114'coax installed to 6437'. According to information provided by SBA,Sprint may install(1) 12"coax at 64.37. Analysis pedomretl with Ire leased loading in place. Proposed Loading: Centerline Antenna Elevation Coax and Lines' Carrier Mount Description 14 144 (4)1/2" 77=7 (3)An VHLP2.5 Dishes Clealwire (3)Standotrs 1 VHLP1 C31 0R 5-7 140 (3)7/8' (3)Argus 3 Samsung22.5.5 GHz RRHs 4 2730 Rowland Road, Raleigh,NC 27615 Ph: (919)755-1012 Fax: (919)756-1031 info@Mh-inc.com Structural Analysis Report SBA Network Services, Inc. Site ID:MA01085-A August 14,2009 (1112 FUTURE COAX FOR EMIR,TO U 3T (n 12•EM T_f/1q+X FORSNVTELTOIW (12)1dls'"1.EXISTING FOR CINGUUR TO 12@ O 0 Q (SI>N•PROFOSEDCOAR O (Q 1/I PRCf09EDCOPX FOR CLEPRVARE TO IM'61W (12)ORV R2GRFCOAL •e FOR VEfl¢ON TO 1L0� • O (15)1-EN'EXISTING COAX FGNSPNNTTOIMA1' • Op p0 00 0 /-(1)1N'FXISTING CCA%TO M,1@ JCUM&NG FACE (1)7W EXISTING 0OQRX,,X (f)VWoTo EXIST ING COKK (111HT08RTNGCONX fGt WRZT011T FOO pRCX TO&.1@855.82 • =PROPOSED mI.1N'EXISTING CppX •FUNRF FOR ARCH S SN LTO INS 7V O -EXISTING Figure 1 —Coax Layout 5 2730 Rowlantl Road, Raleigh, NC 27875 Ph: (919)758'1012 Faz: (gig)7557037 info(�Mh-inc.com Structural Analysis Report SBA Network Services, Inc. Site ID: MA01085-A August 14,2009 RESULTS The following yield strength of steel for individual members was used for analysis: Table 2 - Material Strength Member Type Yield Strength Legs 50k (assumed) Diagonals 36 kill(assumed) Horizontals 36 ksi(assumed) Table 3 displays the summary of the ratio (as a percentage) of force in the member to their capacities. Values greater than 100%indicate locations where the maximum force in the member exceeds its capacity. Note: Capacities up to 105%are considered acceptable. Table 4 displays the factor of safety for each guy level. Values less than 1.0 indicate overstressing. Table 5 displays the maximum foundation reactions. If the assumptions outlined in this report differ from actual field conditions, FDH Engineering, Inc.should be contacted to perform a revised analysis. Furthermore,as no information pertaining to the allowable twist and sway requirements for the existing or proposed appurtenances was provided,deflection and rotation were not taken into consideration when performing this analysis. See the Appendix for detailed modeling information Table 3—Summary of Working Percentage of Structural Components Section Elevation Component % Pass No. ft ype Size Ca act Fail —77'----1 Le P25x 276 GR 18.5 Pass Dia onal L2 1/2x2 1/2x7/16 12.7 Pass Horizontal L31/2x4x7/16 5.8 Pass To Girt L3 1/2x4x7/16 0.5 Pass Bottom Girt 1-31/2x4x7/l6 3.6 Pass T2 146-136 P2x0.30 GR 53.1 Pass Diagonal L1 3/4x1 3/4x3/1881D'1b Pass Honzontal P2x.218 1.8 Pass To Girt P2x.218 7.3 Pass Bottom Girt P2x.210 3.9 Pass T3 136-126 P2 tl GR 71.1 Pass Di anal L1 3/4x1 3/4x3/16 59.9 Pass Hodzomal P2x.218 2.8 Pass T Girt P2x.218 3.5 Pass Bottom Girt P2x.218 1.4 Pass T4 126-116 L P2x0.30 GR 74.0 Pass Dia onal 1-113/1 3/4x3/16 50.9 Pass Horizontal P2x.218 3.1 Pass To Girt P2x.218 0.9 Pass Bottom Girt P2x.218 3.1 Pass 6 2730 Rowland Road, Raleigh,NC 27615 Ph: (919)755-1012 Fax: (919)755-1031 imo@fdh-inc.com Stnictural Analysis Report SBA Network Services,Inc. Site ID:MA01085-A August 14,2009 Section Eleyation Component % Pass No it Type si�e Capacity" Fail TS 116-106 Le P2x0.30 GR 68.6 Pass Dia onal L1 3/4x1 3/4x3/16 69.1 Pass Horizontal P2x.218 1.5 Pass T Girt12x.218 3.2 Pass Bottom Girt 12x.218 4.0 Pass TB 106-96 L 12x0.30 GR 46.3 Pass Diagonal L1 3!4x1 3/4x3/16 102'0 Pass 9 103.7 6 Horizontal 12x.218 2.4 Pass To Girt P2x.218 4.4 Pass Bottom Girt 12x.218 13.8 Pass T7 96-90 P2.5x.278 GR 46.4 Pass Di anal L2 1/2x2 1/2x7/16 16.8 Pass Horizontal L3 11i 11.2 Pass Top Girt L3 1/2x4x7/16 4.2 Pass Bottom Girt L3 1/2x4x7/16 6.1 Pass T8 90-80 Led P2x0.30 GR 59.8 Pass Dia onal L1 3/4x1 3/4x3/16 50.2 Pass Horizontal P2z.218 1.9 Pass - Top Girt P2x.218 4.5 Pass Bottom Girt P2x.218 1.8 Pass T9 80-70 Leg 12x0.30 GR 62.5 Pass Dia anal L1 3/4x1 3/4x3/16 31.5 Pass Horizontal P2x.218 1.9 Pass Top Girt P2x.216 2.0 Pass Bottom Girt P2x.218 1.1 Pass T10 70-60 Leg P2x0.30 GR 64.2 Pass Dia one Ll 3/4x1 3/4x3/18 23.0 Pass Horizontal P2x.218 1.9 Pass To Girt P2x.218 1.0 Pass Bottom Girt P2x.218 1.1 Pass T11 60-50 L P2x0.30 1 65.2 Pass Diagonal Ll 3/4x1 3/4x3/16 WA Pass Horizontal 12x.218 2.0 Pass Top Girt P2x.218 1.9 1 Pass Bottom Girt P2x.218 M71.9 Pass T12 50-40 L P;pri GR Pass Dia onal L1 3/4x1 3/4x3/16 Pass Horizontal P2x.218 Pass To Girt P2x.218 Pass Bottom Girt P2x.218 Pass T13 40-30 Le 12x0.30 GR PasDia onal L1 3/4x1 3/4x3/16 Pass Horizontal P2x.218 2.2 Pass Too Girt P2x.218 3.2 Pass Bottom Girt 12x.218 1.1 Pass T14 30-20 Leg P2x0.30 GR 74.0 1 ass Diagonal L1 3/4x1 3/4x3/16 15.1 1 Pass Horizontal P2x.218 2.2 1 Pass To Girt P2x.218 1.0 Pass Bottom Girt 12x.218 1.1 Pass T15 20-10 1 L 12x0.30 GR 76.7 Pass Diagonal I L1 3/4x1 3/4x3/18 26.3 Pass 7 2730 Rowland Road,Raleigh, INC 27615 Ph: (919)755-1012 Fax: (919)7551031 info@fdh-inc.com Structural Analysis Report SBA Network Services, Inc. Site ID:MA01085-A August 14,2009 Section Elevation Component Horizontal PTX,21B Capacity— Pass To Girt P2x.218 1.1 Pass Bottom Girt P2x.218 1.7 Pass Tib 10-0 P2x0.30 GR 79.8 Pass Dia onal Lt 3/4x1 3!4x3/16 34.3 Pass Horizontal .3 2.3 Pass T Gin P2x.218 1.8 Pass Bottom Girt P2x.218 7.1 Pass 'Capadtiea indude 1/3 allowable increase for wind. "Diagonal Bolts assumed to be grace A325X. Table 4—Guy Wire Factor of Safety Guy Level Guy Wire Size Factor of Safety V%Ath Existing and 152k 71 3/4"EHS 2.Proposed 96 k 3/4"EHS 2.05 40 It 12'EHS radar or Safety must be greater than or equal to 1 0 2.88 perANS/?/A-222-G steMams. Table 5 —Maximum Base Reactions Existing and Proposed Loading —Moi Design' Reaction nzonal Vertical Moment Base • 3 k 105 k 74 k-ft Horizontal40 k 274 k 111 k-ft Inner Anchor 34 k 1 27 k 1 28 k 28k Outer Anchor 18 k 18 k 28 k 28 k 1 Current analysis reactions are will an allowable factor of 1.35 when the original design reactions are based on an allowable stress design per ANSU!/A-222-G. 2 The reactions listed are from the combined forces from all guy Area at each respective anchor lacetlon. 3 Modification design reactions-,,Miss determined by Sterling Eiglnessi g and Design Group, LM.(Report No.061- 697)Structural Analysis Report dialed February 17,2005. Table 6 —Maximum Antenna Rotations at Service Wind Speed (Proposed Antennas Only) Centerine Elevation(ft) Antenna Tilt(deg)' Twist tdeg)* (3)Antlrew VHLP2.5 0.0903 0.02]7 144 (i)Antlrew VHLP1 0.0903 0.0277 'Allowable tilt antl twist values io be revlewep by Clearwire. 8 2730 RowlandRoad, Raleigh,NC 27615 Ph: (919)7551012 Fax: (919)7561031 into@ftlh-inc.com Structure[Analysis Report SBA Network Services, Inc. Site ID:MA01085-A August 14,2009 GENERAL COMMENTS This engineering analysis is based upon the theoretical capacity of the structure. It is not a condition assessment of the tower and its foundation. It is the responsibility of SBA Network Services, Inc. to verify that the tower modeled and analyzed is the correct structure. If there are substantial modifications made to the appurtenance loading provided, FDH Engineering, Inc. should be notified immediately to perform a revised analysis. LIMITATIONS All opinions and conclusions are considered accurate to a reasonable degree of engineering certainty based upon the evidence available at the time of this report. All opinions and conclusions are subject to revision based upon receipt of new or additionallupdated information. All services are provided exercising a level of care and diligence equivalent to the standard and care of our profession. No other warranty or guarantee, expressed or implied, is offered. Our services are confidential in nature and we will not release this report to any other party without the client's consent. The use of this engineering work is limited to the express purpose for which it was commissioned and it may not be reused, copied, or distributed for any other purpose without the written consent of FDH Engineering,Inc. 9 2730 Rowland Road,Raleigh, NC 27615 Ph: (919)7551012 Fax: 0,19)755-1031 info@fdh-inc.conn Structural Analysis Report SBA Network Services, Inc. Site ID: MA01065-A Augusl14,2009 APPENDIX 10 2730 Rowland Road,Raleigh, NC 27616 Ph: (919)755-1012 Fax: (919)755-1031 info@fdh-inc.com n D IMED MPURMNAPDE ENDING � 99 a W o PLL ' Q FY1Bq.WT au ruTml,u sTPExoTN TONEP mm a Fm+aowuncnayy Vy 7�r�am,r�fmMr[.Infncna,m.An ur s.�ay r•wmMweumra fmnaarw+anfmmnmmeanr.n Ma'A a 4'm�paaaem a•. e ... ,„,m.,F.,E: '. e > oaA � 1 M ��FDD£R4/nmNNB./A< MaNnnbnr YM/OJM 3]30flcfem RaM RBkpa,NC]R15 Abuser to Abutter( ) dudang DePt ( ) Couaneson ( I Zon)hp ( I Town of North Andover Abutters Listino REonIREMFNP. uatwA aw+b+It neue Np.nsem..N inienaree wexrw u.Nerah.A mean N.p.uuen ebYxtwnen NbW JiarlboppNWmeM yWIcwPMtlewy,eM eEUWnlo ehWrs wMln r Wee MnMe 1�11aX el Ne pmpN/Me of tlw Poeuoner ae uq eppnr m Ilu rtaX nunl a ppl W Ele W IX,nelMNtlerAnp NM M Ygnl W euM wmerlrlersee In eMNrabarrtvn.Ne plennlnB Mee X Ne Nywlwn,eM W plennYq W W Neyxye0urrlry W wM.n' Sublect ProPeM: MAPAP R Name Address 98.0 2 SBA Towers,Inc 0 Chestnut Street North Andover,MA 01845 mailing Address: 5900 Broken Sound Parkway,NW Boca Raton,FL 33487 Abutters Properties Man Parcel Name Ad ress 98A 30 Gerry Silva 10 Kara Drive North Andover,MA 01846 98.A 41 Vibha Shahi 82 Lisa Lane North Andover,MA 01845 98A 42 Daniel Lutenoan 92 Lisa Lane North Andover,MA 01845 98.A 54 Joyce Really Trust 32 Sandra Lane North Andover,MA 01845 98.A 55 Richard Shaheen 10 Sandra Lane North Andover,MA 01845 98.A 61 Dennis While 89 Lisa Lane North Andover,MA 01845 98.A 62 Jonathan Teasltore 103 Lisa Lane North Andover,MA 01846 98.A 63 Vincent Titone 135 Lt..Lane North Andover,MA 01845 98.A 64 Chorgpak Kim 130 Lisa Lane North Andover,MA 01845 98.A 66 Thomas Brennan 122 Lisa Lane North Andover,MA 01845 98.A 67 Mark Mylan 112 Lisa Lane North Andover,MA 01845 98A 75 John Hashem 176 Kara Drlve North Andover,MA 01845 98.A 68 John Cadarelte 81 Lisa Lane North Andover,MA 01845 9B.A 64 Alen Swann 95 Kern Drive North Andover,MA 01845 98.A 85 John Mordwn 87 Kara Drive North Andover,MA 01845 98.A 86 Michael Galas 79 Kam Drive NOM Andover,MA 01645 98.A 87 Cory Glover 67 Kara Drive North Andover,MA 01845 98.A 88 Pratip Mukherjee 59 Kara on. North Andover,MA 01645 98.A 89 David Alaimo 49 Kara Drive North Andover,MA 01845 98.A go Denise McManus 39 Kara Drive North Andover,MA 01845 98.A 91 Thaddeus Pullano 29 Kara Drive North Andover,MA 01845 98.A 92 Robert Gallahus 19 Kam Drive North Andover,MA 01845 98.A 93 Mary McKenzie 9Kara Drive North Andover,MA 01845 98,A 94 Joel Israel 30 Kam Drive North Andover,MA 01545 98A 142 Peach Tree Homeowners P.O.Boz 864 North Andover,MA 01845 98.A 99 D L 8 M Ensign 62 Kara Drive North Andover,MA 01845 98.A 100 Dyke Morrissey 100 Kara Drive North Andover,MA 01845 98,A 101 Robert Sclaudone 78 Kara Drive North Andover,MA 01845 98.A 102 Thomas O'Connell 44 Kara Drive North Andover,MA 01845 WA 110 Preston Hell 191 Kara Drive North Andover,MA 01845 98.A 1437A Judith Minicucci 90 Rea Street North Andover.MA 01845 98.A 143-18 Donna Schelling 96 Rea Street North Andover,MA 01845 9BA 1432A Norman Gill 92 Rea Street North Andover,MA 01845 98.A 143.28 Burrell Lowery 98 Rea Street North Andover,MA 01845 98A 14336 Dianne Shaheen 100 Rea Steel North Andover,MA 01845 Det, tNMiUID This certifies that the names appearing on the P., 1 a, z records of the Assessors Hlce as of Cenifled by: ata Abuberto Abuser( ) euuding Dept f ) Conservation f ) Zo bg f ) Town of North Andover Abutters Listina REaI/MEMENT' Mcl<O0.4e[Mn 11 YVIBa In perl'PNee Mlmeleel®uaW MNietlup{erallYl mevn lllepeti4mr. eWtlw'e,wnan IXIeM TCYy oppYMan enypuEllcup'rvebwey,eM abutlmp e4uWm WAIN M1ee bunEM(a W)M{q Ne papwt)Ilne of M patltlero,ve Irey appy on M mn{,vpd ypYce W W lie(ro{riulerAlry0lYMvkMdenyaurll oy+arle buWlnenotllvrGryerbm,MpYnNng MYtl d Nv tly p 1wm,Ytl M plaMnB Mae d every vENLLp tlly w{ann' Sub/ecf Pmoenv MAP PARCEL Name Address 98.0 2 SBA Towers,Inc 0 Chestnut Street North Andover,MA 01845 mailing addril 5900 Broken Sound Parkway,NW Boca Raton,FL 33487 Abutters Properties MM Pala/ Name Address 98.0 1 &69 John Carter 300 Chestnut Street North Andover,MA 01845 98.0 3 Evan M, Forlunato 440 Chestnut Steal North Andover,MA 01845 98.0 38 David Breen 364 Chestnut Street North Andover,MA 01 a45 98.0 54 Henry Hamel 374 Chestnut Street North Andover,MA 01845 98.0 66 Nicholas DiRico 406 Chestnut Street North Andover,MA 01845 98.0 67 Robert Holmes 396 Chestnut Street North Andover,MA 01845 98.0 68 Steven Tryder 386 Chestnut Street North Andover,MA 01845 98.0 79 Stacey Furlong 2 Blueberry Hill Lane North Andover,MA 01845 98.0 80 Richard Pineau 395 Chestnut Street North Andover,MA 01645 98C 81 Thomas Sheehan 405 Chestnut Street North Andover,MA 01845 9&C 82 Robert Cradled 415 Chestnut Street North Andover,MA 01845 98.0 83 Robert Leonard 425 Chestnut Street North Andover,MA 01845 98.0 84 Laura Phair 435 Chestnut Street North Andover,MA 01845 98.0 109 Steven Sigel 352 Chestnut Street North Andover,MA 01845 98.0 110 Alaasander Rashi 416 Chestnut Street North Andover,MA 01845 9&C 114 Geraldine Laudani 450 Chestnut Street North Andover,MA 01845 98.0 115 Festus Adelabu 460 Chestnut Steel North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Ofice as oP d Certified bar Date Data 2/1012010 Page 2 0l 2 CLEAR " LETTER OF AUTHORIZATION SITE No.: MA-BOS5493- MA1085 SITE NAME: MA1095 -300 Chestnut ADDRESS: 300 Chestnut Street, North Andover, MA 01845 SBA Properties, Inc., owner of the above-described property, authorize Clear Wireless LLC (Clearwire) and/or their agent, to act as nonexclusive agent for the sole purpose of filing and consummating any land use or building permit application(s) necessary to obtain approval of the applicable jurisdiction for Clearwire's modification and/or installation of telecommunications equipment at the above-described property. I understand that this application may be denied, modified or approved with conditions, and that any such conditions of approval or modifications will be the sole responsibility of the carrier and will be complied with prior to issuance of a building permit. Signature: Print Name: ✓ 5eli U/. P&,tLAgw, Title: Ise N Si Ms,u.R �r aaoo Carillon Polm IBX°' I,u. I nw.[IedfwiR.LOT C L E a�N R NbAland WA 98033 J25.216]600 <2i216]900 February 9,2009 I Re: Clearwire LLC-Leasing,Zoning and Permitting Authorization To whom it may concern, Please be advised that Goodman Networks is performing work for Clearwire US LLC ("Clearwire") in the Boston, MA market. Clearwire hereby authorizes Goodman Networks to act on behalf of Clearwire for the sole purpose of leasing and acquiring zoning and permit approvals to ensure Clearwire's ability to construct and operate its broadband services network. This authorization shall not be construed as a commitment of any type, and all final terns will he subject to Clearwire's approval. Sincerely, C^LEARWIRE US LLC l�� John A. Storch VP Network Deployment XI4X6PEE0 INi[PNET MAOL SIYPLE WAT SINPt C. Product Data Sheet LLPX31OR 2300-2700MHz Remote Tilt Panel Antenna Electrical Specifications Frequency Range 2300-2700 MHz/2300-2700 MHz Gain 17.3 dBi 2.4 GHz18 dBi 2.6 GHz Return Loss > 15 dB Polarization Dual Slant±45° Horizontal Beamwidth 65° Vertical Beamwidth 6.5° with nullfill Electrical Downtilt 0° -10° independently continuously adjustable Upper Sidelobe Level <-18 dB Front to Back Ratio >30 dB Isolation Between Pons >30 dB Power Rating 250W Impedance 50 ohm Lightning Protection DC grounded Connector Type N-Type female or 4.1-9.5 DIN RET Type Internal motor 8 manual override RET Interface AISG 2 Remotely upgradeable RET Connector Single AISG 8 pin male Mechanical Specifications Antenna Dimensions 1070x300x115 mm Packed Dimensions 1200x330x200 mm Antenna Weight 13 kg Radome Material Polyester Fibreglass pultrusion Maximum Environmental Ratings Humidity 95%RH@+30°C Lateral Loading(Front) 0.45 kN @ 160 km/h Lateral Loading (Rear) 0.48 kN @ 160 km/h Rain 140mm per hour Rated Wind Velocity 200 km/h Temperature -40°C to+70°C Mounting Options Product Options F-042-GL-E Fixed Clamps T-045-GL-E Adjustable Clamps LLPX31OR N-Type female LLPX31OR-D 4.1-9.5 DIN a -12 Azimuth Elevation Last Updated:27-03-2009 Dregor>Anf�e HIGH PERFORMANCE ANTENNAS DIAMETER: 0.6 m ELECTRICAL SPECIFICATIONS A-ANT-I IG2C A-ANT-I2G2C A-ANT-I3GYC A-ANT-150.10 A-AN7-110.20 A- ANT-23G2C A-AM-26G3C A-ANT-ilG-2C A-pNTJ9G2C Fm9e�' 10.7-11.7 122- GHz 12.7 12.7-1325 1415-15.35 17.7-19.7 21.2-23.6 24.25-26.25 273-313 17.0./0.0 Be.-6md , 41li 34.2 34.8 356 36.8 381 39.7 40.7 41.8 41.0 FRd BL dGain,dei 34.5 352 358 370 38.6 4R2 41.1 422 443 Tw Brod Gua dei 36.8 356 36.0 37.3 39.0 40.7 41.5 427 447 eeunft deem. 34 2.8 28 2.4 2.1 lJ 1.5 1.3 Id FImIVBack.de 55.0 62.0 62.0 64.0 670 66.0 680 68..0 66.0 XPD,m 30d 30.0 30.0 M.0 30.0 30.0 30.0 30.0 30.0 Relmn Ewe.dB 16.1 16.1 16.1 16.1 16.1 16.1 16.1 16.1 16.1 Proem EM EN302217 CI RIO RIC3 UC3 UC3 MC3 R4C3 R4C3 MC3 FCC Put 101 CUB MWIXI - - CUA C&A CetA Cal M.P. a1E7e[011""gpE.lIM11""ppL7atlgllp "PPR11dWISIRa11PL7aAla .l aPB71LM.tet , MP.I1AUMe ., PPE.)ILWIl1OiL1 PR.]eMIS6 ] OUTLINE DIMENSIONS A Antenna Dimeruio7ls mm(m) A 663 (26.10) B 358 (14.10) Wn lelor C h (2.Bp) n og toa 4gWpllM) D 143 (5.60) 1 E 335 (1320) AnterumFineAd'uatment Fine Azimuth f 10= Fice Elevation f25e-- Actual antenna aPDeamncea may differ from shown. HIGH PERFORMANCE ANTENNAS —DIAMETER: 0.6 M WIND FORCES The axial,side and twisting moment forces provided are maximum loads applied to the lower by the antenna at a wind survival speed of 200 km/h(125 mph).In every instance they are the result from the most critical direction for each parameter.The individual maximums may not occur simultaneously.All forces are referenced to the antenna mounting pipe. Anlenlla Asia FA I Axial Force F,max 682 N Side Force F,max 317 N M Moment Mr max 244 N 1 i Fs Top view Antenna Weights Including Mount Net Weight,kg 12.3 Antenna Packed Weights(Gross) Gross Weight,kg 21.7 Antenna Dimensions(Single Unit Pack) Dimensions,cm(in) 71 x 71 x 61(29 x 29 x 27) DregorMbje Connect with us today! 600-011 Legget Drive Ottawa,Ontario,Canals,nK 309 Tet:613-599-9991 F. 613-599-0225 ..sales@dragonwaveiaccom emeasales@dragenwaveinc.com www.dragonwaveinc.com Iwumabon subject b change wNwm notice.Ixapmwavem and.Nair^ are registered trademarks M Dragorwave Inc. DragonWave � HIGH PERFORMANCE ANTENNAS DIAMETER: 0.75 m ELECTRICAL SPECIFICATIONS A-ANT-11&2,5C A-ANT-12G23A-AN 4- 2.5 A-A -150-2.5-C A-ANi4I 2, L A-ANT-23 2,$C A-ANT-26&25L Frequency Bard,GRa 103-11.7 122-12.7 12.7-13.25 14.25-15.35 17.7-19.7 21.2-23.6 2415-26.25 Bodoni BW Gem,dei 36.8 376 381 39.3 40.5 42.5 433 Mid Bard Gain,dei 37.5 37.8 380 39.7 410 43.0 "A Top Bard Gtln dBi 38.1 38.2 38.6 40.1 41A 43.4 44.5 Beamwim6,degree 2.1 2.0 2.1 1.8 1.5 1.2 1.0 F.61UBack,dB 630 65.0 65.0 68.0 69.0 72.0 720 RPU,da 30.0 30.0 30.0 300 300 30.0 300 Renvn Loss.dB 17.7 17.7 177 17.7 17.7 17.7 177 P. MI EN30n17 Cheri RIC3 RIC3 R 0 R20 R3C3 R4C3 FCC P.101 CatA M DS6CstB - - CrdA CatA Cat jior.PtllGn PYEleAN 114601 rdr I all n PYZIaOOIiPppl PW)e2W lilMal RVLIeAMMGJI NL)VAW61f6U1 BPE.IeDTV.b1M01 OUTLINE DIMENSIONS ■ .. Antenna Dimerei485 mm(19. A 48530 (19.1) B 24495 23)) C 57.i989 (2.3) D 41 (35.00) E 418 Q6.5) F 91'!0 (36) A G 184 (7.2) Antemu Fire Adiu4mient C Fine Avi rddh :10° -- - - - - r-� Fitrc Elevation f25° T Actual antenna appenaunces may differ from shown. t HIGH PERFORMANCE ANTENNAS—DIAMETER: 0.75 M WIND FORCES The axial,side and twisting moment forces provided are maximum loads applied to the tower by the antenna at a wind survival speed of 200 km/h(125 mph).In every instance they are the result from the most critical direction for each parameter.The individual maximums may not occur simultaneously.All forces are referenced to the antenna mounting pipe. Antenna Ards I i FA M I Axial Force F,max 1500 N I Side Force F,max 743 N f— Moment MT Max 673 N Fs I Tap Visa Antenna Weights Including Mount Net Weight,kg 21.6 Antenna Packed Weights (Gross) Gross Weight,kg 30 Antenna Dimensions(Single Unit Pack) Dimensions,cm(in) 90 x 90 x 65(35.5 x 35.5 x 25.0) —�0A�M ~�"am Connect with us today! 600411 Leggd 1Mve Onmre,Ontario,Canada,UK 30 TeL 613-599-9991 F. 613-5994225 nasalm@dragonwaveinc.com emeasales@dragonwaveinc.eore www.dragonwaveinc.com IMan ton sugeq 0 change whoa nada.Oraponwew*r ane AePsir`e are Miaend aadeenaIXa 0 Magonwava Inc. DDB UNLIMITED INC. R7-54DXCW r4 a } 40e lg', s f DDB UNLIMITED INC. R7-54DXCW annannessunI - --_ Each unit is marked and conforms to UL STD 60950-1(ITE)and UL STD 1008(m an an I transfer) Weights: 254 Lbs.Assembled _ 309 Lbs.shipping weight Facts: Two-secured by three point locking system Locks via customer supplied padlocks Sealed with 13/16"aluminum filled gaskets Materials: 0.125'ALUMIFLEX Finish:Flat aluminum RF properties:Non-ferrous Handles: F—Stainless steel Exterior Screws: Stainless with NI i 11:\scashers& m Ion locking nuts SPECIFICATIONSRACKING Rails: .Two slardard(For additional rails see accessories) Alodine coated Holes tapped to 10 x 32 threads Each rail supported by three R-STRUTS 0.125"material(ALUMIFLEX) Spacing:f 19"EIA STANDARD Positioning: All reds are fully adjustable from front to rear Inside Vertical Height:F- 53'/."inches Usable Rack Cul 28 RU(+I Y:"additional in bottom for battery) Useable Depth: �-,Maximum: 21 %" Minimum 19 Y-(See bele v) as 111 ' OPENING Width: I9 .11oh.1 Height: 4013:1(, inchss EXTERIOR CABINET DIMENSIONS Slain Body: N I'll I _ , I leighl:54 W inches Depth:25 1/4 inches Alumishield: Width:281/16 inches Hang down height: 13/4 inches Depth:27 1/4 inches Handles:Protrude 17/8 inches Total Space Occupied: Width:28 1/I6 inches Height:54 1/2 inches Depth:29 inches Width:F— 23 5/8 inches Height F 54 inches Depth:F— See racking specific ... NEMA: CLASS:250 YPE:4X DDB UNLIMITED INC. R7-54DXCW Accessories: R7-54DXCW comes with the following: • Side-wall mounted 4000BTU air-conditioner with 400 wan,of heat. • 26"H x 22"W x 10"D side spool-up box with removable plywood back- plate and 10"insulated copper ground-bar.There is a 2"cable pass- through sealed with a hand drilled rubber stopper. • A IOOAmp main,8 space load-center with a side-mounted 30Amp generator plug with manual transfer switch.Interior electrical includes junction box tied via conduit to I I Ov quad receptacle and a 220v twist lock receptacle. • 18"fluorescent lightbar. • Front&rear doors are equipped with door alarm switches and wind. locks. • Interior of enclosure is lined with R3.3 closed cell foam insulation. • Rail screws and pad mounting hardware included. • Custom pallet for shipping and storage. PERIOD.F— I5 YEARS-UNCONDITIONAL (800)753-8459, of (405)665-2876 ealeeeddbunlimit d Copyright©2000-DDB Unlimited INC. -All rights reserved PULS License- Broadband Radio Service License-B051 -NSAC, LLC Page 1 of 2 ULS License Broadband Radio Service License - B051 - NSAC, LLC Call Sign B051 Radio Service BR- Broadband Radio Service Status Active Auth Type Regular Dates Grant 04/10/2006 Expiration 03/28/2016 Effective 06/11/2009 Cancellation Buildout Deadlines 1st 2nd Notification Dates 1st 2nd Licensee FRN 0003768553 Type Limited Liability Company Licensee NSAC, LLC P:(202)330-4011 815 Connecticut Avenue, NW, Suite 610 F:(202)330-4008 Washington, DC 20006 E:nadJa.sodoswallace@cleanvire.com ATTN Nadia Sodas-Wallace Contact Clearwire Corporation P:(202)330-4011 F:(202)330-4008 815 Connecticut Avenue, NW, Suite 610 E:nadJa.sodoswallace@clearwire.com Washington, DC 20006 ATTN Nadia Sodos-Wallace Broadband Radio Service and Educational Broadband Service Information WIII the requested facilities be used to provide multichannel No video programming service? If the answer to the above question is yes, does applicant operate, control or have an attributable interest(as defined in Section 27.1202 of the Commission's Rules) in a cable television system whose franchise area is located within the geographic service area of the requested facilities? Does the applicant comply with the programming requirements contained In Section 27.1203 of the Commission's Rules? Geographic service Area Authorization BTA Market BTA051 Type Boston, MA Channel Plan/Channel Number Information Channel Plan Channel Number New BRSI 002496.00000-002502.00000 MHz http://wireless2.fcc.gov/UlsApp/UlsSearch/license.jsp;JSESSIONID_ULSSEARCH= PvV... 8/14/2009 ULS License-Broadband Radio Service License -B051 -NSAC,LLC Page 2 of 2 New BRS2 002618.00000-002624.00000 MHz New E1 002624.00000-002629.50000 MHz New E2 002629.50000-002635.00000 MHz New E3 002635.00000-002640.50000 MHz New E4 002608.00000-002614.00000 MHz New F3 002640.50000-002646.00000 MHz New F2 002646.00000-002651.50000 MHz New F3 002651.50000-002657.00000 MHz New F4 002602.00000-002608.00000 MHz New H1 002657.00000-002662.50000 MHz New H2 002662.50000-002668.00000 MHz New H3 002668.00000-002673.50000 MHz Ownership and Qualifications Radia Service Type Fixed, Mobile Regulatory Status Non-Common Interconnected Yes Carrier Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal land Bidding Credits This license did not have tribal land bidding credits. Demographics Race Ethnicity Gender http://wimless2.fcc.gov/U]sApplUisSemh/licensc.j sp;JSESSIONID_ULSSEARCH�PvV... 8/14/2009 REFERENCE COPY This is not an official FCC license.It is a record ofp iblic information contained in the FCC's licensing database on the data that this reference copy was generated.In case where FCC rules require the presentation,pealing,or display of m FCC license,this document may act be used in place ofan official FC X Federal Communications Commission Wireless Telecommunications Bureau + RADIO STATION AUTHORIZATION LICENSEE:NSA( LL� Call Sign File Number ATTN:NAD1A SODOS-WA� B051 0003861322 NSAC,LLC Radio Service 815 CONNECTICUT AVENUE, 0 BR-Broadband.Radio Service WASHINGTON,DC 20006 Regulatory Status Non Common Carrier FCC Registration Number(FRN): 0W3 553 Grant Date Effective Date Expiration Date Print Date 04-10-2006 06-I1-2009 03-28-2016 06-12-2009 Geographic Service Area: BTA 051 Boston,MA'4116 Channel Plan: Channel Number: ueney: New BRSI 96.00000000-002502.00000000 MHz New BRS2 618.00000000-002624.00000000 MHz New EI 0000-002629.50000000 Wiz New E229. 0000-002635.00000000 MHz New E3 635. 0000-002640.50000000 MHz New F1 4 002614.00000000 MHz New Fl 0026 002646.00000000 MHz New F2 0026 002651.50000000 MHz New F3 00265 -002657.00000000 MHz New F4 002602.0 000-002608.00000000 MHz New HI 002657.00000000-0 000 MHz New H2 002662.50000000- .00 OO MHz New H3 002668.000000002673.500 0 MHz Adofthk Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C.§309(h),thi object to the following conditions: This license shall not vest in the licensee any right to operate the station nor any ri e the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. N ' rise nor the right granted thereunder shall be assigned or otherwise transferred in violation ofthe Communicatio934, ended. See 47 U.S.C.§310(d). This license is subject in terms to the right of use or control conferred by§70Wm of ns Act of 1934,as amended. See 47 U.S.C.§606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy 1e ion. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and M t Area infpn under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license rec go to tie ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-ED/BR Page I oft April 2009 i _ EIVEp GoodmanNetv�;t=eksr`r' Network Knowisdge. .. D-II- {MIAPP -6 PH 1: 53 Pleas, stamp botKoopies and re ne copy to Mary Ippolito. April 1,2010 Thank you. Ms.Judy Tymon,AICP Town Planner Town of North Andover Planning Department 1600 Osgood Street North Andover,MA 01845 RE: Clear Wireless LLC Application for a Special Permit at 300 Chestnut Street and 203 Turnpike Street Dear Ms.Tymon, Goodman Networks,on behalf of Clear Wireless LLC,is currently scheduled to have the public hearings on their applications for a Special Permit at the above referenced properties at the April 6,2010 meeting of the North Andover Planning Board. I respectfully request that the hearings for these two applications be continued until the April 20th meeting of the Planning Board. Please do not hesitate to contact me should you have any questions and thank you for your continued assistance. Regards, David C.Torres,Esq. Goodman Networks 30 Main Street,1n'Floor Ashland,MA 01721 (214)478-3516 dtorresfalaoodmannetwo ks co Bldg. ZBA Con/Com Health Fire Chief Police Chid TO"Clerk DPW/Engineers Surrowdding Towns Planning Town of North Andover Office of the Planning Department Community Development and Services Division LEGAL NOTICE PUBLISHED ON: TUESDAY March 16, & March 23, 2010 In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Special Permit 7bylaw. ction, 8.9 and 10.3 of the North Andover Zow.Special Permit for 300 Chestnuforinstallation of Wireless Service Fsisting of sixantennas and one equipment cabp 096, parcel002, within R-3 zoning district. Ond: SBAProperties, Inc., 5900 Broken Skway N.W., 2nD floor, Boca Raton, FL 33487 Special Permit for 203 Turnpike Street for installation of Wireless Service Facility consisting of four antennas and one equipment cabinet. , Map 025, parcel 100, within B-4 zoning district. Owner of land: North Andover Office Park Condominium Trust, 93 Union Street, Suite 315, Newton Center, MA 02459 Applicant/Petitioner: Clear Wireless LLC, 4400 Car 96033 illon Point, Kirkland, WA Public Hearing Date& Time: Tuesday, April 6, 2010 & 7:00 pm Location of Public Hearing: North Andover Town Hall, 120 Main Street, North Andover, MA 01845, 2nD floor conference room. John Simons, Chair, North Andover Planning Board All interested persons may appear and be heard. Those interested in viewing the application materials should contact the North Andover Planning Department at (978) 688-9535, located at 1600 Osgood Street, North Andover, MA TOWN OF NORTH ANDOVER OFFICE OF THE PLANNING DEPARTMENT Town Of NOM Antlover Office a Me Planning Department Community Development and Services, Division PUBLISHED ON: TUESDAY March 26, & March 23, 2010 In accordance with Me provisions of M.G.L. Chapter 40-A, of WIre1Bs Service facility 11, the North Andover Planning Board will hold a Wood hearing as follows: Purpose of Public Heanng:Applicabon for a Sped ft under Seddon,8.9 and 10.3 of Me NOM Andover Zoning bylaw. SPedal Pernik for 300 ChesMut Street for installation consisting ofsiz antennas and one equipment cabinet., Map 098,pamel 002, within R-3 zoning tllsNid. Owner of land: SBA ProperHec,Inc., 5900 Broken SoundParkwey N.W.,2nD Moor, Rope Raton, PL 33967 Special Permit for 203 Turnpike Street for Installation of Wireless Service Facility consisting of fourantennas and one equipment cabinet Map 025, parcel 100, within B-0 zoning distinct Owner M Iand:NorM Andover DNO ks,Perk ConomNium Trust Union Street,brine 315, Newton Center,MA02459 APPllcam/Paltionen Oear Wireless LLC, 4400 Carillon Point, Kirkland, WA 98033 Public Hearing Date&Time Tuesday,April 6,201D& 7:00 Pm Location M rM Public Meanng:NaAndover Town Hall, 120 Main Street, North Andover, MA 01845, 2nd Floor conference room. John Simons, Chair; North Andover Planning BPam Ail Interested persons may appear and d, heard. Those interested in viewing Me aPphcal matenalsshould contact Me North Andover Planning Department at (978) 688-9535, located at 1600 Dsgood5t,e , North Andover, MA.ET 3/16. 3/23/10 01_ay� -� 2807 DEC 24 FiCOMMONWEALTH OF MASSACHUSETTS �$ X COUNTY - ESSEX COUNTY SUPERIOR COURT DEPT. PARTIES: Steven Tryder vs. North Andover Planning Board: Timothy Siebert, Richard Nardella, John Simons, Richard Rower, Alberto Angles, Lincoln Daley and Land Owners: Jack E. Carter & Raymond B. Agler and Petitioner: Sprint Spectrum, L.P. FACTS: Parties are legal residents of North Andover and abutters to the site located at 300 Chestnut Street, North Andover. The North Andover Planning Board is authorized to issue special permits for wireless facilities in the Town. Sprint has applied for a renewal of a special permit at 300 Chestnut Street which expired in 2003. SPRINT has violated the conditions of their original special permit and the Parties believe that this installation imposes visual blight on the neighborhood, diminishes the use and value of their property, and affects their ability to resell due to its location in the middle of a residential neighborhood less than 300 feet from their homes where the legal setback is 600 feet. The North Andover Planning Board held hearings on 8/2/07 thru 11/20/07 and plaintiffs objected to issuing of a renewal due to expiration of the original permit, failure to comply with bylaw requirements, and failure to obtain a new variance from the Zoning Board of Appeals. The Planning Board granted the special permit on November 20, 2007 and filed it with the Town Clerk's Office on December 4, 2007. A COPY OF THE PERMIT IS ATTACHED. The issuance of the special permit exceeds the authority of the Planning Board and was arbitrary and capricious. PRAYER FOR RELEASE: Whereby the Plaintiffs request that this Court annul the special permit awarded by the Planning Board of North Andover. SignecJ:� Date: �-c. 2-42-007Steven Tryder pro se FILED 386 Chestnut Street IN THE SUPERIOR COURT North Andover, MA 01845 FOR THE COUNTY OF ESSEX DEC 2 4 2007 Town of North Andover Office of the Planning Department ? Community Development and Services Division P-CEIVEDOsgood ✓. '•r•"'�sF' 1600 Osgood Street - - Building ego,Suite 2-36 2101 DEC -4 PH 1: 27 Lincoln Daley North Andover,Masud osetts 01845 _ Town Planner P(978)666-9535 r._R 1 H A NUC t i-i F(978)686-9542 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date: December 3,2007 Date of Hearings: August 2,2007 tom November 20,2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum,L.P. Sprint Neste] 9 Crosby Drive Bedford,MA o173o Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the follllowing conditions: Signed: „>( �/ ._ `_`-/F If John Simons, A ing Chairman Richard Rowers Alberto Angles, Clerk Timothy Seibert aoA m`MPEA 688-9541 atabnnNG68&9545 CONSERVAUON688-9530 H6 LTH68&9540 P1ANNMG688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District This renewal is granted pmonat to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum IR, P.O.Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and comspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and comspondence aro contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition 415. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Bach carrier's proposed equipment shelter will be an unoccupied,unmanned,specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables,or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum LP. Renewal of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discoutinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas,mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject pmperty. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place alien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it bas not been used for the Purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, atter affording written notice seven days in advance to the tarsier,shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Arcual proof of said insurance must be filed with the SPGA. b) Funds,sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility w terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 3. Term of Special Permit a) A Special Permit issued for any wireless service facility shall be valid for three(3)years. The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit,preexistent and c n"em measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. I) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Parmit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise�xceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. Ali site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planting Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provision;of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board,Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planting Board. 12. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit,the app&cant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit C. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all Properties directly abutting Ile subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identity,the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL Properties within 300 feet. for the subject property and adjacent g. Section 8.9(5)(d)(m)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. It. Section 8.9(5001)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts location of the site. Department of Health approving the 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates, Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1,S-1 through S4,E-2 through E-4. b) APPlication: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the Norm Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property) ) Prepared for. Sprint Spectrum LP.and its affiliate Nextel Communications of the Mid-Atlantic,Ina(the"Applicant,') Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street,Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum G.P. Renewal of5pecisl Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property') Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlautic,Inc.(the"Applicant,,) Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number:BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address:300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: I through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Cotnmuttications Facility MA-2105, 300 Chestnut Street,North Andover,MA Prepared for. Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated July 24, 2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152'Guyed Tower North Andover,Massachusetts Nextel Site NMA 2105;Den Rock Park Prepared for. General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID: MAOI 085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March l6,2007 Pages: I through 9 CC. Building Inspector Applicant Engineer 7 UR13ELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.Useeus Telephone 617-338.2200 e-mail tju@uf-law.com Andover Telecopier 617-338-0122 Telephone 978.475.4552 March 19, 2008 North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: STEVEN TRYDER VS.NORTH ANDOVER PLANNING BOARD,ET AL. Dew Members: Enclosed please find the Judgment dated March 17, 2008 dismissing the Complaint against the Planning Board and its Members. Please call if you have any questions. Very truly yours, --r" bells TJU:kmp Tho Enclosure cc: Board of Selectmen (w/enc) Mark Rees (w/enc) Curt Bellavance(w/enc) Lincoln Daley(w/enc) Joyce Bradshaw(w/enc) Charles Salisbury(w/enc) .,.vs nwax.vm.e..o...rb�•..ms uwm-gaae: Commonwealth of Massachusetts County of Essex The Superior Court CIVIL DOCKET# ESCV2007-02466 Tryder, Plaintiff(s) vs North Andover Planning Board et al, Defendant(s) JUDGMENT ON MOTION TO DISMISS- (Mass.R.Civ.P. 12b) This action came on for hearing before the Court, Joseph M. Walker III, Justice upon the Defendant's, North Andover Planning Board, Timothy Siebert, Richard Nardella, John Simons, Richard Rowen, Alberto Angles, Lincoln Daley, motion to dismiss pursuant to Mass. R.Civ.P. 12(b), and upon consideration thereof, It is ORDERED and ADJUDGED: That the Complaint of the plaintiff(s), Steven Tryder is hereby dismissed against the defendant (s), North Andover Planning Board, Timothy Siebert, Richard Nardella, John Simons, Richard Rowen, Alberto Angles, Lincoln Daley, and the defendant(s) recovers its costs of action. Dated at Salem, Massachusetts this 17th day of March, 2008. By:.. .... ............................. Assistant Clerk Entered: Copies mailed 03/1712008 cvtljuY,S! l.v� v69999 juElID pmaava 2001 DEC 24 FiCOMMONWEALTH OF MASSACHUSETTS FD $FfX;'90UNTY - ESSEX COUNTY SUPERIOR COURT DEPT. PARTIES: Steven Tryder vs. North Andover Planning Board: Timothy Siebert, Richard Nardella, John Simons, Richard Rowen, Alberto Angles, Lincoln Daley and Land Owners: Jack E. Carter & Raymond B. Agler and Petitioner: Sprint Spectrum, L.P. FACTS: Parties are legal residents of North Andover and abutters to the site located at 300 Chestnut Street, North Andover. The North Andover Planning Board is authorized to issue special permits for wireless facilities in the Town. Sprint has applied for a renewal of a special permit at 300 Chestnut Street which expired in 2003. SPRINT has violated the conditions of their original special permit and the Parties believe that this installation imposes visual blight on the neighborhood, diminishes the use and value of their property, and affects their ability to resell due to its location in the middle of a residential neighborhood less than 300 feet from their homes where the legal setback is 600 feet. The North Andover Planning Board held hearings on 8/2/07 thru 11/20/07 and plaintiffs objected to issuing of a renewal due to expiration of the original permit, failure to comply with bylaw requirements, and failure to obtain a new variance from the Zoning Board of Appeals. The Planning Board granted the special permit on November 20, 2007 and filed it with the Town Clerk's Office on December 4, 2007. A COPY OF THE PERMIT IS ATTACHED. The issuance of the special permit exceeds the authority of the Planning Board and was arbitrary and capricious. PRAYER FOR RELEASE: Whereby the Plaintiffs request that this Court annul the special permit awarded by the Planning Board of North Andover. Signed Date: ,�—C. 2,� 2-607 Steven Tryder pro se FILED 386 Chestnut Street IN THE SUPERIOR COURT North Andover, MA 01845 FORTHE COUNTY OF ESSEX DEC 24 2007 Town of North Andover Office of the Planning Department -CEIVED Community Development and Services Division„?:Y, ,-,w•- �<:r-- ti;4a � Osgood Landing 1600 Osgood street 261DEC -4 PM 1: 27 Building#20,Suite 2-36 Lincoln Daley North Andover,Massachusetts 01845 Tows Flamer i;ORTII AliGt)ti F P(978)688-9535 MASSAMIU--c-US F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date: December 3,2007 Date of Hearings: August 2,2007 thin November 20,2007 Date of Decision: November 20, 2007 Petition of: Sprint Spectrum, L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the follllowing conditions: Signed: �/ �/pd John Simons, A ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARDOFAPPEALS68&9541 BU1 WG688-9545 WNSUVA] ON688-9530 HE LTH68&9510 PLANNB4G688-9535 I300Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities,and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP,P.O. Box 614, Stowe,VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3,2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and conespondence in response to requests by the Planning Board,and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition 1115. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. S. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned,specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables,or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3,8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions we met: 300 Chestnut Street Sprim Spectrum L.P. Renewal Of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment Or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove'shall include,but not be limited to: i) Removal of antemas,mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owver)from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction m modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of sir; (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier,shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consulmtion at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment m the stmcture,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPCA. b) Funds,sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to he agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 3. Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three(3)years. The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit,preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co-applicam or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision most be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectnan L.P. Renewal of Special Prunit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4• Prior to the fmal release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise�exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department to writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board,Commission,or Department that requires changes in the plan or design of the building as presented to the Planning Board, Board. may be subject to modification by the Planning 12. Any revisions shall be submitted to the Town Planner for review. if these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(dxui)(4)—Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(ui)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. It. Section 8.9(5xd)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for. Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: IRcembef 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1, S-1 through S4,E-2 through E4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street,Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chesmut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property') Prepared for. Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applimit") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number:BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for. Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Syslcros 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105,300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: I through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152'Guyed Tower North Andova,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: I through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name:North Andover,Massachusetts Site ID:MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March l6,2007 Pages: I through 9 CC. Building Inspector Applicant Engineer 7 e RECEIVED Town of North Andover TOl"hCLERK'S OFFICE Office of the Planning DepartmeiWq OCT -7 PM 3: 52 Community Development and Services Divisio 1600 Osgood Street T '�IN 0` North Andover, Massachusetts 01845 NORTH USE ;R MASSACHHUSETTS NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk Date: October 6,2009 Date of Hearings: September 15,2009, October 6,2009 Date of Decision: October 6,2009 Application of: New Cingular Wireless PCS, LLC ("AT&T') Premises Affected: 0 Chestnut St (a/k/a 300 Chestnut St) Map 98C,Parcel Referring to the above petition for a renewal of a Wireless Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority: So as to allow the renewal of a Special Permit to continue operation of 12 coaxial cable antennas on an existing wireless service tower located at 0 Chestnut St(a/k/a 300 Chestnut St.)and an 12 ft.by 20 ft. equipment shelter for ancillary equipment. The Special Permit was originally granted by the North Andover Planning Board on May 31, 2006 and was recorded on June 30, 2006. After litigation with the North Andover Board of Appeals was decided in favor of AT&T by a Federal Court Judgment issued on September 25,2006, the facility was constructed according to a Building Permit issued by the Town of North Andover Building Inspector on July 24,2007. Upon a motion by Michael Walsh and a 2nd by Tim Seibert, the Planning Board hereby APPROVES the renewal of a Wireless Special Permit for an installation of a Wireless Facility on an existing structure by a vote of 6 in fa or and 0 against. On be of the North AEKover Planning Board John Simons,Chairman Richard Rowen Timothy Seibert Michael Walsh Courtney LaVolpicelo Michael Colantoni 1 The Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Facility, which consists of 12 coaxial cable antennas on an existing wireless service tower located at 0 Chestnut St. (a/k/a 300 Chestnut St.) and an 11 ft. by 26 ft. equipment shelter for ancillary equipment. The renewal of the Special Permit was requested by Stephen Anderson, Esq., Agent for New Cingular Wireless PCS, LLC ("AT&T"). This application and additional documentation as cited herein was filed with the Planning Board on August 3, 2009, with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 8.9, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board finds that the applicant has met the following requirements as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The renewal application meets the filing requirements of the Wireless Service Facilities By-law Section 8.9.12. The applicant has demonstrated that the proposed wireless facility is in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated by the submittals and reports provided by the applicant, authored by Donald L. Haes, PhD. The reports are dated September 16, 2008 and September 7, 2009, with addendums dated September 25,2009 and September 26,2009. The conclusion stated in the reports is that the applicant's Wireless Facility installation contributes a maximum RF exposure of less than one-tenth of one percent of the current State and Federal permissible exposure guidelines. The Telecommunications Act of 1996 prohibits this Board from taking health effects of RF transmissions into account beyond FCC requirements. 2. The applicant had also demonstrated that the site is in compliance with the Noise Standards as set forth in section 8.9.8(6). 3. The Planning Board received input and answered questions from residents. However, the Planning Board believes that the applicant has demonstrated compliance with the Town of North Andover Zoning Bylaw requirements for this application. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Discontinuance Abandonment 2 a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility in its condition before the installation, except that any landscaping and grading shall remain the after-condition. c) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment from the subject property within ninety days. 2) Term of Special Permit. a) A Special Permit issued for this wireless service facility shall be valid for three (3)years from the date of the decision for the Special Permit renewal. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA at annual intervals from the date of the decision for the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(5)(d)(vii) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. If the 3 applicant fails to comply with this requirement, the Special permit will be revoked, until such time that the installation is brought into compliance with FCC Guidelines. c) The applicant shall submit to the SPGA at annual intervals from the date of decision of the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town,the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 3) In an effort to reduce noise levels,the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 4) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 5) The following information shall be deemed part of the decision: a) Application titled: Application for Special Permit Renewal New Cingular Wireless PCs, LLC("AT&T") c/o Stephen Anderson Anderson&Kreiger One Canal Park Suite 200 Cambridge, MA 02141 Prepared for: New Cingular Wireless PCS, LLC("AT&T) b) Documentation Submitted: 1 Original Special Permit Decision, date May 8,2006. 2 Court Judgment,New Cingular Wireless PCS LLC,Defendants, dated October 4, 2006. 3 Certificate of Amendment of a Foreign Liability Company. 4 4 Building Permit, dated July 24, 2007. 5 Original Site Plan,titled,"North Andover-SBA COLO, Site No: BOS-020 (855)'. 6 RF Emissions Report prepared by Donald L. Haes, dated September 16,2008 and September 7,2009. 7 Addendum to RF Emission Reports,prepared by Donald L. Haes,dated September 26,2009 and September 25, 2009. 8 Engineer Final Affidavit,prepared by Bradford Mills. P.E.,dated October 1, 2009. w p o 0 0 D � � Dxo ~ �rn C-) =C yG o ym 0 w �� N m 5 Town of North Andover •O •`'''' Office of the Planning Department Community Development and Services Division r Osgood Landing '`•+cw•C 1600 Osgood Street Building 520,Suite 2-36 2[�I DEC -4 P.11� 27 Lincoln Daley North Andover, Massachusetts 01845 Town Planner P(978)688-9535 NA.SSAOi.'.1� l l P(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date: December 3, 2007 Date of Hearings: August 2,2007 thin November 20, 2007 Date of Decision: November 20, 2007 Petition of. Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford, MA 01730 Premises Affected: 300 Chestnut Street,Map 98C, Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: .+I 4QX., o" 6eh [P of R John Simons, A ingChairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARDOFAPPEAL9688-9541 B=MG688-9545 MNSERVAnON688-9530 REALTH688-950 PLANNMG688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. :This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years, This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the and of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antemas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will beim unoccupied,unmarred, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables,or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: I. Discontinuance Abandonment a) At such time that a licensed tamer plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed tamer fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment m discontinuation of use. `Physically remove"shall include,but not be limited to: i) Removal of antennas,mount, equipment shelters and security barriers installed by the tamer (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the tamer from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier,shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or mora insurance companies shall be in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds,sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Sheet Sprint Spectrum L.P. Renewal of Special Permit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall he filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 3. Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three(3)years.The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPCA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carver proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, s[mctural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision most be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectru n L.P. Renewal of Special Permit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall he places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board,Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 12. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 13. hr accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20, 2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(dxiii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings,including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. It. Section 8.9(5)(d)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall he deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28100, 3/15/00,4/4/00,4/19/00 Sheets: T-1, C-1 through C-3,A-1, S-1 through S-4,E-2 through E-4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property') Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic, Inc. (the"Applicant') Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3, 2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property) Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic, Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1, 2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID:MA2105 Site Name: Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-21059 300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates, Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C t) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services, Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID: MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services, Inc. Prepared by: FDH Engineering, Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: 1 through 9 CC. Building Inspector Applicant Engineer 7 Town of North Andover Office of the Planning Department Community Development and Services Division ^ESV ED Osgood Landing 1600 Osgood Street Building 820,Suite 2-36 2M DEC -4 FM 127 Lincoln Daley North Andover,Massachusetts 01845 1 OW H (if' Town Planner NORTH ANUOVI.: Z P(978)688-9535 MASSACHUSETTS F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date: December 3, 2007 Date of Hearings: August 2,2007 thm November 20, 2007 Date of Decision: November 20,2007 Petition of Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford, MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: ;,l s lie of John Simons, A61ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARDOFAMAIS6W9541 BUILDN'G"9-9545 WNSERVAMN688-9530 MEA 688-9540 PLANNW0688-9535 I300Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chaptef 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier bas demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail of the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,amounted, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new stmctures,antennas, cables,or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDMONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carver will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas,mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carver from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said foods shall he held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carver from the subject property within ninety days. In the event that the carver fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier,shall remove the facility. 2. Performance Guarantees a) Insurance is a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Fonds,sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the mainteaance of the equipment on the facility cin terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 3. Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three(3)years.The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGR, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit renewal, preexistent and cur ent RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1)RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit,preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and main[eaance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 4. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 5. In an effort to reduce noise levels, the carvers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment cr other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. All site lighting shall provide security for the site and structures; however, it must not create any glare or project any light onto adjacent residential properties. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership,and contact information. 11. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 12. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit, the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(u)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 I 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings,including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances, at grade;from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(ui)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N. Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates, Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-19 C-1 through C-3,A-1,S-1 through S-4,E-2 through E4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc. (the"Applicant') Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Specuum L.P. Renewal of Special Pemrit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc. (the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number.BS23XC422 Site ID: MA2105 Site Name: Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for. Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105,300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates, Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C t) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150'Guyed Tower Site Name:North Andover,Massachusetts Site ID:MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by. FDH Engineering Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: 1 through 9 CC. Building Inspector Applicant Engineer 7 L Please time stamp both copies and return on copy to Mary Ippolito. / Thank you. T0: Osgood Landing Town of North Andover 1600 Osgood Street o Bldg. 20,Suite 2-36 Planning Dept. North Andover,MA 01845 ,� VIA J c y=G 6M aD t z phone: (978)688-9535 w71 fax: (978)688-9542 N ;,II', Please be advised that I wish to withdraw my application#om the Planning Board for JJ . pioperty located at: A STREET 300 C 15 P sin J� Sl-. N. kclo r- TOWN: QM �k AACAChip r NAME OF PETITIONER: SR f:8' - SMCOM L '17 d ifis a.t:F', l�w�-2 1 Ne>�Ve1 Com of t1.4 A 64-r- SIGNED: Petr]] or petitioner's representative PLANNING BOARD: (Planning Board or Planning Board Agent) R�bliaiv he�ei� sees IncofpoiCJ� 1.4" o- ochecl Kk7eao , By my above signature,I hereby agree to the following: 1. That the vote is with or without prejudice. 2. That future submittals will require a new application. 3. That any new application will require a complete filing with applicable fees under the current regulations. Please note: Failure to submit information requested by the Board will result in the applicants' application to be withdrawn from the agenda. Time requirements for submittal of information is no later than noon on the Thursday prior to the by-weekly Planning Board meeting. .i.ithmaw Prim,Lotrel,010 ky B Tye LLP Anomer:ur Law Ricardo M.Sousa,Esq. DIMG Line: (617)45&6123 100 C2,-.nb6dge Sneel rsousa�olat c«n Sure 2200 Bonon,MA 02114 16 VI A56 8000 iel August 7, 2007 16171456.8100 Fax VIA HAND DELIVERY www.pal.com Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Application for Modification of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning By-Law Property Address: 300 Chestnut Street, North Andover Map 98C, Lot 0001 (the "Property") Applicant: Sprint Spectrum, L.P. and its affiliate Nextel Communications of the Mid-Atlantic, Inc. (the "Applicant") Dear Honorable Members of the Planning Board: As originally requested by the Planning Board, the Applicant hereby requests that its Application for Modification of Special Permit for the above property be withdrawn without prejudice to Applicant re-filing such Application for Modification after Applicant's Application for Renewal has been acted on. Applicant further requests, as agreed, that the monies deposited with the Town in connection with the above Application for Modification be held by the Town in escrow pending the re-filing of the Application. SJcerely,// (� yLSolt S Ricardo M .Sousa RMS/jh N O y N� a DSO � s_r*1 mO irr, V a CJ ,UjO Cn T CJ , , :iT PRINCE .LOBEL.GLOVSKY43YE � f Nov 06 07 12: 56p NORTH ANDOVER 9786889542 P. 1 II/M2007 12:04 RAN Roovanl &: TTOWN - -. --- :from. 2001 NOV -6 PM 1: 34 TOWN OF NORTH ANDOVER MASSACHUSETTS November 5, 2007 Planning Board Attn: Mary Ippolito Town of North Andover 1600 Osgood Street Nord) Andover, MA 01845 17 VIA Facsimile at 97MBO-956�µ Re: Application for the renewal of a Special Permit Under Sections 8.9 and 10-3 of the North Andover Zoning By-Law Property Address: 300 Chestnut Street, North Andover Map 98C, Lot 0001 (Ike 'Property") Applicant: Sprint Spectrum, L.P. and its affiliate Nexlel Communications of the Mid-Atlantic, Inc. fthe "Applicant') Dear Honorable Members of the Planning Board: This letter is sent to confirm that the Applicant waives the time limits for the Board to hear and determine its application until November 21, 2007. Please toll with any questions or concerns. Sincerely, �hcan� H. Ricardo M- Sousa RMS/)h r Post-1t"Fax Note 7671 axre '(1 (' cs. aw. a rirlE' S19/i' vhwnes m""'V7W 444' 3.S 31'IM9.1 F"'i r/ F.* G Gd�".5, NOMTN �°'.•••• •'*' Town of North Andover o • ' ''•g ?^CEI JED Office of the Planning Dep a KFRY'S OFFICE Community Development and Services Division *;a•."..�•a Osgood Landin9007 AUG -8 PH 12: 11 1600 Osgood Street Building#20, Suite 2-3 TN OF (FORT li ANDOVERLincoln Daley North Andover,MassachusetAABE>h1SIUSETTS Town Planner P(978) 688-9535 F(978) 688-9542 NOTICE OF DECISION Bldg. ZBA Con/Com Health Any appeal shall be filled Fire Chief Police Chief within(20)days after the Town Clerk DPW/Engineers date of rdling this Notice in the Office of the Town Clerk Date: August 8, 2007 Date of Hearing: June 26, 2007-August 7, 2007 Petition of. Sprint Spectrum L.P.,P.O. Box 614, Stowe, VT., 05672 Premises affected: 300 Chestnut Street,North Andover,MA 01845 Referring to the above petition for a special permit from the requirements of the: North Andover Zoning Bylaw Section&3,8.9 and 10.3.1 So as to allow: for a modification to a Special Permit to an existing wireless communication facility. Project consists of installation of a T—6"x10' (8' high) versaflex equipment cabinet into the existing tower compound. There will be 9 new panel antennas with an antenna centerline of 130' —0"on the existing lattice tower. There will be 1 —5/8" coax cables connecting the antennas to the equipment cabinet. The coax cables will run on an ice bridge from the equipment cabinet to the tower,then up one face of the tower. Property is located with the R-3 zoning district. After a public hearing given on the above date,the Planning Board voted to allow the applicants request to WITHDRAW WITHOUT PREJUDICE.y/ ' Signed oZ� Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowen,regular member Jennifer Kusek, regular member Timothy Seibert, alternate member a�„ee,Leto.,aledy 6 rtr.l,P 11j.-do M. Sousa, Esq AMmny,e1 tow DiralGro, 16171456,8123 Soo Cembidpe Sign Su6e rem n;;ss&Q2PJ0=s auba MA 0211, August 3, 2007 (6171+56.8MI.1 Please time stamp both copies and Wn 06 amn°oe VIA FACSIMIL TRANSb•ISSIOh returnon copy to Mary Ippolito. 1978)688.9542 Thank you. Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Application for Modification of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw Property Address: 300 Chestnut Strsel, North Andover Map 98C, Lot 0001 (the "Property") Applicant: Sprint Spectrum, L.P. and its affiliato Nextel Communications of the MaWlantic, Inc. (the "Appliconr") Dear Honorable Members of the Planning Board: In connection with the above captioned application, the Applicant hereby requests that the Board continue the public hearing on its application for a modification to a special permit from August 7, 2007 to the Board's next regularly scheduled hearing in September. In connection with this continuance, this letter shall also serve to extend the time period by which The Board most act on this application 10 September 30, 2007, The purpose of this extension is to allow the Applicant adequate time to request and obtain a renewal of the special permit that was granted to the applicant. Earlier today, August 3, 2007, 1 filed a renewal application with the Town Clerk and your office and such renewal application is expected to be heard by in Board on August 21, 2007. In light of the fact that the applicant has deposited certain monies with the Town for consulting services associated with the modification application, it is more appropriate that the modification application be continued until such time that the renewal application is heard, rather than withdrawing the modification application. Please note that my ossc iale Jaynes ('Ted ) Hoyt, will attend your hearing on August 7, 2007 to answer any specific questions regarding this confinuance request. i ly, ti l 0 icor M .Souaa ]>o as RMS/mm cnm c rn—r' c7 i1Tt PRI NCF . LOBE L .GLOVSKYATYi MMe. {abet GIe,J:y 61y.. rt0 Albmny., ul law iaO Cwnbrdpe Scott Sine zmn ��°"'rwAclllr August 3, 2007 16171456 OW 1.1 uul ase s im =o. VIA FACSIMI P TRANSWSSInwl wwv.dybwn 1978) 688.9542 Planning Board Town of North Andover 1600 Osgood Sheet North Andover, MA 01845 Rlw•de M. Sorin, E,q OW1 Ga. 161714568123 r?nugOnIn1S90 Please time stamp both copies and return on copy to Mary Ippolito. Thank you. Re: Application for Modification of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning By -Law Properly Address: 300 Chestnut Street, North Andover Map 98C, Lot 0001 )the "Property") Applicant Sprint Spectrum, L.P. and its affiliate Nextel Communications of the MI&Atlanfic, Inc. (the "Applicant") Dear Honorable Members of the Planning Board: In connection with the above -captioned application, the Applicant hereby requests that the Board continue the public hearing on its application for a modification to a special permit from August 7, 2007 to the Board's next regularly scheduled hearing in September. In connection with this continuance, this letter shall also serve to extend the time period by which the Board must act on this application to September 30, 2007. The purpose of this extension is to allow the Applicant adequate time to request and obtain a renewal of the special permit that was granted to the applicant. Earlier today, August 3, 2007, 1 filed a renewal application with the Town Clerk and your office and such renewal application is expected to be heard by its Board on August 21, 2007 In light of the fact that the applicant has deposited certain monies with the Town for consulting services associated with the modification application, it is more appropriate that the modification application be continued until such time that the renewal application is heard, rather than withdrawing the modification application. Please now that my associate James ('Tad") Hoyt, will attend your hearing on August 7, 2007 to answer any specific questions regarding this continuance request. f.-M .Sousa RMS/mm ?O R PRINCEwL0BEL.GL0VSU&TYE9 i,' CEIVED I Town of North Andover Planning lllUAM", rlt IC: 4b I ADDlication for Special Permit Please type or print clearly. mn, ,b A.GNUS E -I T 8 1. Petitioner: Sprint Spectem L.P. Petitioner's Address: P.O. Boa 614, Stave, i 05672 Telephone number: c/o Ricardo M. Sana, Bsq. (617) 456-8000 2. Owners of the Land: John B. Carter 6 Rayunnd B. Agler Address: 300 Chestnrt St., B. Andover, lis Number of years of ownership: 31 3. Year lot was created: 1976 4. Description of Proposed Project: R®ectal of special pecalt to operate wireless cosimieations facility on existing [over. see supporting statement a original special Permit decision submitted herewith. 5. Description of Premises: 3.04 acre lot with one residential structure and one 152 foot guyed tiler. 6. Address of Property Being Affected 300 Chestnut Street Zoning District: R-3 Assessors: Map: 098C Lot# 0001 Registry of Deeds: Book #: 01321 Page M. 0736 7. Existing Lot: Lot Area (Sq. Ft) 3.06 acxea Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Proposed Lot (ifapplicable): RIA Lot Area (Sq. Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot (as required by Zoning Bylaw): RIA Lot Area (Sq. Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Existing Building (if applicable): N/A Ground Floor (Sq. FL) # of Floors: Total Sq. Ft. Height Use: Type of Construction 11. Proposed Building: NIA Ground Floor (Sq. Ft.) # of Floors: . Height: Use81 Sq. Type of Construction 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? yes Ifso, when and for whattype ofconstruction?April l4 2000 for one as a vivelesa eon®irstfon, facility 13. Section of Zoning Bylaw that Special Permit Is Being Requested B•9 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official forth of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failureto comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B card of this application at incomplete. Petitioner's Signature: t!�— Print or type name here: �° R $On Owner's Signature - Print or type name here: �hES 4i W T ,�iM Fm $J blPnna�.i' n� �°^kJM 4-P 0.u,V4.otited JtldG�t i+?MS � lei! 1 Sx7blacd-2 is. Please list title of plans and documents you will be attaching to this application. tetter to Plmming Board vitt the following attactun nts- A. Prior Special Petah B. Pte -existent and Current M Neasuresente Report C. Pre-existent and f]rrrevt Beasurevents of Acoostfc Roiae Report. D. Engineering and Deatgs Plan. Prince, Lobel, clunky a Tye LLP Attorneys at Law 100 Cambridge Street Suite 22w Boston, MA 02114 16171456.8000 Tel (6171456 8100 Pas www.glgmom August 3, 2007 Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 VIA HAND DELIVERY Ricardo M. Sousa, Esq. Direct Dial: (617)4568123 mousaralolat.wm Re: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning By -Law Property Address: 300 Chestnut Street, North Andover Map 98C, Lot 0001 (the "Property") Applicant: Sprint Spectrum, L.P. and its affiliate Nextel Communications of the Mid -Atlantic, Inc. (the "Applicant") Dear Honorable Members of the Planning Board: This firm represents the Applicant in connection with an application for the renewal of a special permit which was issued (or became effective) on or about June 30, 2000 by the Town of North Andover Planning Board (the "Board") for the Applicant's existing wireless communications facility ("WCF") on the Property ("Special Permit"). A copy of the Board's Special Permit decision is attached hereto for your reference (Exhibit "A"). The Property is located in the R-3 zoning district. Pursuant to Section 8.9 of the Town of North Andover Zoning Bylaw (the "By-law), the existing use of the Property is permitted by Special Permit from the Planning Board, and is permitted to be renewed by the Planning Board as well. Applicant currently has an application for a modification to the Special Permit pending before the Planning Board. However, Applicant has agreed to continue the modification application until such time as this renewal application is decided by the Board. Applicant incorporates the facts and arguments made in its original application for a Special Permit, and the facts and arguments made in its pending application for a modification, as if expressly restated herein. The WCF is in compliance with all lawful and applicable Federal and state local regulations, including those enacted by the Federal Communications Commission (including those regulations concerning radio frequency emissions), Federal Aviation Administration, and the Massachusetts State Building Code. Applicant has at all relevant times maintained the required sureties to secure removal of the WCF. The Applicant has not installed any signage other than that required by the Federal R PRI NCE, LOBEL.GLOVSKY&TYE-- Town of NOM Andover Manning Board August 3, 2007 Page 2 Communications Commission. Further, back-up power for the WCF is by battery only. The Applicant agrees to fully comply with all the conditions included in the Special Permit. As required by Section 8.9(8) of the By-laws, Applicant submits the following two (2) reports to bring its installation at the Property into full compliance with the requirements of the By-laws: 1. RE: Pre-existent and current RFR Measurements: Report dated August 3, 2007 (Exhibit "B") 2. RE: Pre-existent and current Measurements of Acoustic Noise: "Environmental Sound Levels Evaluation", dated July 24, 2007, prepared by Cavanaugh Tocci Associates, Inc., Brion G. Koning, Senior Consultant (Exhibit "C"). Additionally, Applicant submits Architectural and Engineering Plans for the existing WCF. (Exhibit "13"). Applicant's WCF at the Property continues to be an integral part of its coverage network within and near the Town of North Andover. The ongoing operation of the existing WCF is necessary to continue to allow the Applicant to provide adequate coverage to the targeted sections of the Town of North Andover and the immediately surrounding area. In the absence of the existing WCF at the Property, Applicant will have or will increase a significant gap in its coverage network in this area of the Town. For the foregoing reasons, as well as to satisfy the mandate of the Federal Government to facilitate competition in the telecommunications industry as set forth in the Telecommunications Act of 1996, the Applicant respectfully requests that the foregoing zoning relief, in the form of a renewed Special Permit, be granted, and that such other relief as the Board deems necessary to allow the continued operation of its existing a granted as well. Sin rely 4+� i o ous RMSfjh 9,, PRINCE. LOBEL.GLOVSKY &TYE B Jun 14 00 03:46plman Rssociates, Inc. 901589-9421 p.3 Jun -09-00 16:2] N Andover Com. ![)a,508 8 9542 P.03 • b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove' shall include, but not be limited to' i) Removal of antmmas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject propaty. H) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special pemat for the placement, construction or modification of a wireless service equipment at the site, the carrier shall place into' escrow a sum of money to cover the costs of removing the facility from_'the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in rhe Commonwealth of Ivfassac2uscus. Said funds shall be held by an independent escrow, agent to be appointed by the carrier and the SPCA. The carrier shall authorize and, as necessary, shall obtain the authorization of the ewnet of the property, to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition andfor removal the Town may place a hen upon the property covering the difference in cost. • d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of sic (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. to the event that the cartief fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shah be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shag remove the facility. 2) Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities; Annual. proof of said:uuurance must be filed with the SPCA. b) Funds, sufficient in the opinion of the SPCA to cover annual maimenaneeofthe equipment on the facility, shall be placed into escrow int shall be held by the independent escrow agent who shall be authorized to expend the funds for the • ClibPDF - www.fastio.com Jun 14 00 03t47p lean Associates, Tne. 9599-9421 p.4 dun -09-00 36.27 No h r And.veCora. Oev. 506 9542 P.04 • maintenance of the equipment on the facility on terms to be agreed upon by the ,artier and the SPGA As a condition of approval of the special pemdt cj Mnual certification demonstrating continuing compliance with the smut ands of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 3) Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for dAree, (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application Cor renewal of the special permit is made prior to the expiration date of the original or airy renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) After the cquipmcs, on the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and. at .annual intervals -ft"' the dale of issuance of the Special Permit, preexiamt and current RFR measuremesifs. Such measurements shag be signed and certified by an RF engmen', stating that RER measurements are accurate and are in compliance or why the measurements fail to comply with all appficeble FCC Guidelines AS specified in Section 8.9(4xc)(I) RFR Filing Requirements of this Bylaw The measmemeals shall be • submitted for the equipment proposed an this facility. This condition shat be in effect unto such time As an additional carrier proposes equipment an this facility. At that time, this obligation will fall upon the propescut of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals firma the date of issuance of the Special Permit, prcexinent- and_ current measurements of acoustic noisc-,from the wireless service facility Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are Accurate and meet the Noise Standards tub -section 6.13.14.5 of this Bylaw. This condition shall be in effect uottl such time as --- additional iaadditional carrier pmpmm,equipmeonon this facility. At that time, this obligation will fall upon the Proponent of the additional equipmtet so As to obtain a better measure of the cumulative effect of the facility. d) The applicant and co -applicant of their successor in interest shall maintain the wireless Service rquipmmt in good condition. Such maintenance shall include. but shall not be limited to, painting, Structural integrity of the equipment. • ClibPDF - www.fastio.com Jun 1.4,00'03:47F ]man Associates, Inc. 87,*589-9421 p.5 •.tun -09-00 15:28 No AnAe,m.' Com. D -v. 5069542 P.05 • a. -Prior to the endorsement or the plans by like Planning Board, the applicant must Comply with the folbwing conditions: a) The applicant shall provtde.aimap indicating the intended locations for testing as required above. b) A -bond in the amount of'0060 shag be posted for the purpow.of insuring that ,rfinal as -built -plan showingjdse fixation of all Cot -site Struclurs. The bond is also in place to insure that the site is com0ucted in accordance with the approved plan. This bond shall he in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest hearing escrow account. S. +Prio to the slanxof"nstcuaction,, a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the coos0nUion and udomeng the public of anticipated activities on the site - b) The applirarn-shalltprovidelthe necessary "escrow accounts andimusance as -. required in the above sections. • G. Prior to FORM U' verilicitfoul(Buildinil Permit Issuance): a) The final site plan niylstslmust be endorsed and threeMloopies of the signed plans must beYd."elivcmd to the Planning Department. b) A cenified copy ofthe".rbcorded decision must be submitted 10 --the 21soniki Department. 7. Prior to verification of the Cerf�cale of Use aad.occupaacy: a) The apply en, mug submit a letter from the arelkeet or engineerofthe project stating that the coru4taiion and operations substantially comply' widi theplans relerericeA at the end of this decision as endorsed by the Planning Board. b) All lighting placed by the carrier on the subject property shall have underground witing and shall be so arranged that all direct rays from such lighting falls entirely within the site and shag be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. • ClibPDF - www.fastio.com Jun 14 00 03: 47p Ilman Bssociates, Inc. 9 509-9421 P.6 Jun -09-60 15:28 Nor "d.—, Com. Do, 58B 9542 P.06 a. Prior to the final release of security: a) A final as -built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planting Staff. g. Any stockpiling of materials (dirt, wood, construction material, etc.) most be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles most remain covered m all times to minimize any dust problems that may eemr with adjacent properties. Any stock piles to remain for longer than one week must be fenced offand covered. 10. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanaze sounds from the structures or site. 11. No equipment or other equipment that will emanaro noise -exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 12. All site lighting shall provide security for the site and structures however it mug not create any glare or project any light onto adjacent residential properties. • 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any exaxvabon. 14. The provisions oftlus conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 15. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presuued to the Planning Board, may be subject to modification by the planning Board. 16. Any revisions shall be submitted to the Town Planner for review. If chest, revisions are deemed substantial, the applicant must submit revised plus to the Planning Board for approval. 17. This Special Permit approval shall be deemed to have lapsed after two years from the date permit granted unless substantial use or construction has wmmenced. Substantial use or construction will be determined by a majority vote of the Planning Board is. The following waivers were granted in determining this decision: r1 U ChbPDF - www.fastio.com Jun 14 00n3:47p lman Associates, Inca 9589-9421 p.7 Jun -09-00 15:29 Nor Andover Com. U-` 60a 9542 v.07 • a) Waiver to provide a map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within arra mile of Its boundary; b) Waiver to provide It" cover on the sub*t property and all properties directly abutting the subject property by dominant species and average height; c) Waiver to provide lines representing the sight line showing viewpoint (point Bom which view is taken) and visible point (point being viewed): d) W aiver(s) to provide all sight lines as described in Section 8 9.5.d.iv.IA, e) Waiver to provide a landscape plan including preexistent trees and shrubs and those proposed to be added, identified by si A of specimen at installation and species: f) Waiver to schedule a balloon test with the Planning Board at the proposed site. 19. The following information shall be deemed part of the decision: Plan tided: Sprint PCS SBA Tower 300 Chestnut Street North Andover, MA • Prepared for Sprint Spectrum LP One Imematinal Boulevard, Suite 900 Mahwah, NJ 07495 Prepared by: Bay State Design Associates, Inc. 266 Summer Street Boston, MA 02210 Dated: 12/7/99, revised 1/28/00, 3/15/00,4/4/00 Sheets: T-1, Cl -C3, At b) Report: Applitation for Wireless Services Facility Special Permit, April 14, 2000 Prepared for: Sprint Spectrum LP, 300 Chesmul Street, North Andover, MA Prepared by Wellman Associates, Inc. 10 State Street Newburyport, MA 01950 cc. Building Inspector Applicant Engineer • ClibPDF - www.fastio.com Radio Frequency Field Survey Site Number: BS23XC422 Site ID: MA2105 Site Name: Den Rock Park Site Address: 300 Chestnut Street North Andover, MA 01845 ..............................................................� 136 Harvey Road Londonderty, NH 03053 r4systems (603)7581013 support&squaredsystems.wm Table of Contents TNTROMCM ............................................................................. FOC GMEI.WPs MR EVA UAMO RF RADIATION EXPOSURE MEASURFAmNI PROOMU...................................................... STATEMINFOF FCC Lmm FOR MAX 0.RIM PERN95smu EXPOSURE(NTE) ................................. ......... . . ...... . .................................. ............................ 46 List of Figures FIGURE 1: AERIAL VO OFMEASUREMENT LOCATiONS ........................................................................................................... ........... ..... 5 FIGURE2: MFASUREnmE fPoIM I ............................................................................................................. . .... . . ......... . . ............................ 6 FIGUREIhlF.ASURENWNI'Pom2 ................................................ ................................ . ....................... ....................... . ....... ... ... ........... 7 FRAIRE4:MEASURENmNFPow3 .................. . ............... . ...... . .... . . ........................................................................................................... 8 FRRRtE5:MEASUREMENT POW T4 ................................................................................................................................................................ 9 FIGURE6:NFASUREAmNTPOINT 5 .................................................................... . .. . . . ... . ....... ............... ....... ....... . ................................ 10 FIGURE7:MmSURENmNTPOINT 7 .................................................................... ... ... ..... . ..... . ..................................... ....................... I [ FiGURE&MPAsmn PDR g- ............................................................................................................................................................ 12 FIGURE9:MEASUImn POWT9 .................. . ...... . . ......................................................................... . .... . ............................................... 13 FIGURE10: MEa4Mh1ENT POM 10...._____...._ ......................................... . ... .. ............................... . . .............................................. 14 FIGURE11: MFASMM1 T POM 11..........__................................................... . .. ....... ........... . .. ... . . ................................................... 15 FIGURE12: MEASUREMENT Pom 12............_............................................................................................................................................ 16 FIGURE 13: MFASURENmNT Pom 13 ..................... ...... ....... .................................................................. . ...... ................ ... . .................... 17 FIGURE14: MEASUREMENT POM 14 .................... ... . . .................................................................... . . .. ....... .......................................... Is FIGURE15: MEASUREMENT POINT 15...._..___......_.............................................................. ........................................................... . . .... 19 FIGURE 16: MmsUREMENT Pom 16...._.."' 6 .... ... . . ................................................ ............................................................... . .. . . . .. . ...... ........ 20 FIGURE17: MmsuREh1ENT Pum 17 ...................................... ........................................................................ . ................ . ...... . ............... 21 FR18: MFASURFMENT Pom 18 .......................................... — ......................... . .............. . ............... . ........................................ = FRRIRE19:MEASURENffNTPOW19..........._.......................................................................................... . .............. . ................................. 23 FIGURE20:ME ARUREMENTPOM20 ..................................................................................................................................................... . ... 24 RGURE21:MEARNREMENrPoR 21 ......................................... ...................................................................... . ............... . . . .. ....... ........ 25 FIGURE22:MEASUREMENTPow 22 ..................................... ........................................................................ . .... . .... . .............................. 26 FxxRm23: MEASUREMENT Pom 23 ................................................ ............................. ... . .. . ..... ........................................................... 27 FR24:MFASMWWPOM24 ................... .......................................................... . ...... . ................................................................. A Fm25:NlmsURENWxrPOM25 ............................................................................................................... . ...... . ................................. FIGURE26:MEASUREMEMPoW r26 .............. . ...... . .... . ............................................................................................................................ FIGURE28:MEASUREMENT PDm28 .... ..... . ....... ........................ ....................... . .......... . .. ... . .. ....... ................................................... 32 FIGURE29: MEASUREMETT Pom 29 ...................................................................... . ...... . ............................... . ...... . ................................ 33 F�30:MmsuREn PomM ....................................................................................................... . . . . ... . . . ................................ 34 FR31:MEASuREMENTPom31............. .............. ........................................ . . . ............ . ................................................................. 35 FIGURE32: MEASUREMENT Pom 32 .... . . .......... . . ... .................. . .............. ....... ..................................................................... -- .......... 36 FIGUREB:MEASUREMENT POM33...._..___........................ . . .. ... . . .................................................................................................... 37 FIGURE34:MFARUREMENTPowrM............_..................... . . ....................................................................................... .......................... 38 FIGURE35: NIEAsml�mNf Pom 35 ..................... . . .. .................................................. ... ... .......... — .................................... ................. 39 FRRIRE36:RFSIGNAGE...................................... . . ............................................................. . ................................................................. . ... 40 FRRRtE37:SmID ....................... -- ................... ... . . ........................ .......................... . .... ....... ....... ................................ — _ -- ..__41 FIGURE39:EMWGANTENNM 012M List of Tables TABLE1: INMOMQJIAnON INMUON ................... ........ ......... .......... .......................................................... . .... . . .. ... . ........ . ........ TA2: AmnA & EBTS SOw[Aps I TAkivl-R�TU� 3 0/2007 Radio Frequency measurements were made in the vicinity of the tower located at 300 Chestnut St., North Andover, MA 01845 on August 2, 2007 between the hours of 10:00 AM and 12:00 PM. The coordinates of the tower are N 42" 40' 8.11", W 71-6' 31.61". The results of the measurements are presented in this report. Sprint Nextel has proposed to replace the six existing iDEN amounts and add three CDMA antennas to the current tower for a total of nine antennas (three per sector). The FCC describes exposure to radio frequency (RF) energy in terms of percentage of maximum permissible exposure (MPE) with 100% being the maximum allowed. Rather than the FCC presenting the user specification in terms of complex power density figures over a specified surface area, this MPE measure is particularly useful, and even more so when considering that power density limits actually vary by frequency because of the different absorptive properties of the human body at different frequencies. In 1985, the FCC established mles to regulate radio frequency (RF) exposure from FCC licensed antenna facilities. In 1996, the FCC updated these rules, which were further amended in August 1997 by GET Bulletin 65 Edition 97-01. These new rules include limits for Maximum Permissible Exposure (MPE) for transmitters operating between 300 kHz and 100 GHz. The FCC MPE limits are based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP), the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc., (IEEE) and adopted by the American National Standards Institute (ANSI). Survey measurements are expressed m a percentage of the Maximum Permissible Exposure (MPE) limits as listed in the FCC GET Bulletin 65. GET Bulletin 65 was prepared to provide assistance in determining whether proposed or existing transmitting facilities, operations or devices comply with limits for human exposure to radio frequency fields adopted by the Federal Communications Commission. Measurement results expressed in this report are for uncontrolled public access. The FCC's guidelines establish separate exposure limits for "general population/uncontrolled exposure," and for "mcupationallcontrolled exposure." The FCC general population/uncontrolled limits set the maximum exposure to which most people may be subjected. General population/uncontrolled exposures apply in situations in which the general public may be exposed, or in which persons that are exposed w a consequence of their employment may not be fully aware of the potential for exposure or cannot exercise control over their exposure. Public exposure to radio frequencies is regulated and enforced in wits of microwatts per square centimeter (pW/cm). The general population exposure limit for the cellular band is 567 pW/cm', and the general population exposure limit for the PCS band is 1000 pW/cm'. Because each carrier will be using different frequency bands, and each frequency band has different exposure limits, it is necessary to report percent of MPE rather than power density. Higher exposure limits are permitted under the occupational/controlled exposure category, but only for persons who are exposed as a consequence of their employment and who have been made fully aware of the potential for exposure, and they must be able to exercise control over their exposure. General population/uncontrolled limits are five times more stringent than the levels that are acceptable for occupational, or radio frequency trained individuals." Attachment B contains excerpts from GET Bulletin 65 and defines the Maximum Exposure Limit Finally, it should be noted that the MPE limits adopted by the FCC for both general population/uncontrolled exposure and for oeoupationabcontrolled exposure incorporate a substantial margin of safety and have been established to be well below levels generally accepted as having the potential to cause adverse health effects. 8/3/2007 1of47 Dileasillennentplocerlines Frequencies from 300 KHz to 50 GHz were measured using the Narda A8722D probe in conjunction with the 87188 survey meter. The A8722D probe is "shaped" such that in a mixed signal environment (i.e.: more than one frequency band is used in a particular location) it accurately measures the percent of MPE. From FCC OET Bulletin No. 65 - Edition 97-01 — "A useful characteristic of broadband probes used in multiple -frequency RF environments is a frequency -dependent response that corresponds to the variation in MPF limits with frequency. Broadband probes having such a "shaped" response permit direct assessment of compliance at sites where RF fields result from antennas transmitting over a wide range of frequencies. Such probes can express the composite RF field as a percentage of the applicable MPEs". Probe Description — As suggested in FCC OET Bulletin No. 65 - Edition 97-01, the response of the measurement instrument should be essentially isotropic, (i.e., independent of orientation or rotation angle of the probe). For this reason, the Narda A8722 Isotropic probe was used for these measurements. Sampling Description: At each measurement location, a spatially averaged measurement is collected over the height of an average human body. The 8718B survey meter performs a time average measurement while the user slowly moves the probe over a distance range of 0 em m 200 em (about 6 feet) above ground level. The results recorded at each measurement location include both average and peak values over the spatial distance. Instrumentation Information: A summary of specifications for the equipment used is provided in the table below. 101$ tfaMufef Needs Microwave Probe %8722D, Serial Number 07030 Calibration Date 226/2007 Calibra tion Interval Meter 12 Months 4 8718B, Serial Number 06028 Calibration Date " 2/10/2006 Calibration Interval 24 Months Probe Specifications Freq Range -- 300 KHz-50 GHz . Pirld Measured Standard Measurement Range E FCC 1997 — 0 Controlled Table l: Instrumentation Information Instrument Measurement Uncertainty: The total measurement uncertainty of the NARDA measurement probe and meter is no greater than t3 dB. The factors which contribute to this include the probe's frequency response deviation, calibration uncertainty, ellipse ratio, and isotopic response. Every effort is taken to reduce the overall uncertainty during measurement collection including rotating the probe about the axis of the handle and pointing the probe directly at the likely highest source of emissions. &/3/2007 2of47 Calculatim were perfomred based on the information given in Table 2. Results, both measured and predicted, and a description of each survey location aredetailed in Table 3. All measurements were taken on August 2, 2007 between the hoursof 10:00 AM to 12;00 PM. Measurement locations are portrayed in the photos below. An aerial view of the surrounding area with measurement locations is also shown below. Predicted results were estimated by calculating the%MPE of the additional Sprint CDMA antennas at each measurement location given the mounting height of the antennas, the number of transmitters, and the am ERP for each sector. This predicted OWPE was then added to each measured value to estimate a total%MME value after activation of the Sprint CDMA antennas. Given that power specifications for the replaced DEN antennas will not change, only the addition of CDMA will effect the total %MPE after activation. A nominal 10 dB attenuation was applied to the predicted %MPE of each point found to be not within the main beam of the transmitting Sprint CDMA antennas. Table 2: Antenna & EBTS Specifications (Final Configuration) 8/32007 3 01`47 WEN Antenna &EBTSSpecification, Sector AI haBeta Gamma Rad Center GL)A130' 130' 130' Antenna ModelRFS APXV86-906513-C 6-906513-C RFS APXV8 RFS APXV86-906513-C Number ofTmnsmitters 3 3 3 ERP µ' 25 25 1 25 CDMA Antenna and EBTSSpecifications Sector Alpha Beta Gamma Rad Center A(JL) 1 130' 130' 130' Antenna Model UMWDP-06516-R2DH UMWDP-06516-R2DH UMWDP-06516-R2DH Number of Transmitters 2 2 2 ERP W 501 501 501 Table 2: Antenna & EBTS Specifications (Final Configuration) 8/32007 3 01`47 Measurement Point Latitude Loo tude Distance from Tower D Measured ••/.MPE Predicted •/aMPE Total %MPE I N42-00-8.29 W716-31.22 34 0.40% 0.31% 0.71% 2 N42-00-8.08 W71-6-31 46 0.55% 0.30% 0.85% 3 N4240-7.66 W716-31.05 62 0.20% 0.27% 0.47% 4 N4240-7.48 W71-6-31.61 64 0.20% 0.27% 0.47% 5 N4240-7.3 W71-6-32.4 101 0.30% 1 0.21% 0.51% 6 N4240-7.85 W71-6-32.06 43 0.40°h 0.30% 0.70% 7 N4240-9.04 W71-6-32.24 105 0.30% 0.20% 0.50% 8 N4240-8.6 1971-631.32 54E0.4W. % 0.28% 0.58% 9 N4240-8.44 W71fi-30.63 80 0.24% 0.54% 10 N4240-9.24 W71-6-30.13 159 0.13% 0.33% 11 N/2-00-10.42 W716-30.34 253 0.07% 0.37% 12 N4240-11.84 W71-6-31.21 380 0.03% 0.33% 13 N42-00-12.47 W71-6-33.42 462 0.02% 0.42% 14 N42-00-14.66 "'71.6-36.52 759 0.10% 0.40% 15 1442-00-16.31 W71-638.57 981 0.06% 0.81% 16 N4240-14.54 W71-6-39.07 857 0.07% 0.87% 17 N42-00-13.44 W71-6-38.66 754 0.10% 0.65% IB N42-00-12.02 W716-38.51 650 0.01% 1 041% 19 N4240-8.32 W716-37.7 455 0.60% 0.03% 1 0.63Yo 20 1,142-00-5.98 W716-37.12 464 1.15% 0.02% 1 1.17% 21 N4240-3.59 W716-36.13 569 0.90% 0.02% 1 0.82% 22 N4240-1.78 W716-35.28 698 0.40% 0.01% 1 0.41 23 N4240-8.91 W71-644.45 961 1.55% 0.06% 1 1.61% 24 N42-006.81 W71643.94 929 0.75% 0.06% 1 0.81% 25 N4240-3.9 W71643.85 1008 0.30% 0.05% 1 0.35% 26 1,142-00-1.35 W71643.73 1135 0.40% 0.04% 0.44% 27 N42-0014.61 W716-27.23 736 0.65% 0.10% 0.75% 28 N4240-11.91 W716-26.5 542 0.05% 0.02% 1 0.07% 29 N42409.01 W716-26.35 403 0.40% 0.03% I 0.43% 30 N4240-6.68 W716-25.06 510 0.55% 0.02% 31 N42-40-7.98 W716-21.98 718 0.30% 0.01% 0.31% 32 N4240.9.31 W716-19.54 909 0.75% 0.070/o 0.82% 33 N4240-10.56 W716-18.28 1025 1.50% 0.05% 1.55% 34 N42-0012.87 W716-20.97 929 2.35% 0.06% 2.41% 35 N4240-14.56 W71-6-23.6 886 3.00% 0.07% 1 3.07 Table 3: Reaults W/M7 4of47 i 2 2 iA » y�4 4 y m •__ . � >y \ a�{\ Figure 5: Meoeutement point 4 V12007 9of47 't: 0 ' � t '4 4 s'i'r 4, fig, t ', - � ti_ z «. �* t t $� !., 4t ,: t � x � / - 1 � '^ '+ '�, } , i 4 '�1� ... �`� .w ,�ff� . � �,, �: t4 d .3. _. � } i �� _ >:- m _ ,� ,e... _ ~---� ...:-��-'- ,�... dam. __.,�,..__ ,,�, ,- .. .. � -. j t� ie.. x..15,,. „�.. _ - - Y r� �: � f�.� „* � � `� i � � � � �.� �:9t � � / �My s _.. ,v. ._ _.� ...: w _,� —6>. - a, �M \ .V } e _ v `. �vr .. +►,:+»wan ;Y r �t r y� �� r � �i. F o .a.. � A„K m' ...-� c ��{ —._ _: _ -..� �, .. _.. Figure 15: Measurement Paint 15 8!12007 19of47 Figure 16: Measurement Point 16 8/32007 20 of47 14ty Pr A i >^e w 425 Figure 20: Measurement Point 20 8/3/2007 24 of47 Figaro 21: Menmeetnent Point 21 Orm 25 of47 /0% Figure 24: Measurement Point 24 8/32007 28 of47 Figure 25: Measurement Point 25 8!32007 29 of47 Figure 26: Measurement Point 26 8/32007 30 of47 Figure 27: Masurement Point 27 8/3/M7 31 of47 Figure 28: Measurement Point 28 8/32007 32 of47 Figure 29: Measurement Point 29 8/3/2007 33 of47 T rvt Figure 29: Measurement Point 29 8/3/2007 33 of47 1� ww� Figure 31: Measurement Point 31 8/32007 35of47 Figure 32: Measurement Point 32 8/3/2007 36of47 Figure 33: Mmumnent Point 33 Ra207 37447 I Figure 34: Measurement Point 34 8/3/2007 38of47 Figure 35: Measurement Point 35 8/32007 39 of 47 Figure 37: Site ID 8812007 41 of 47 Figure 38: Existing Tower 8/32007 42of47 - ----- N'' far, WiRm Public accessible areas in the vicinity of 300 Chestnut St., North Andover, MA 01845 were surveyed and found to be within the mandated General Population/Uncontrolled limits for Maximum Permissible Exposure, as delineated in the Federal Communications Commission's Radio Frequency exposure rules published in 47 CFR 1.1307(b)(l)-(b)(3) and will remain in compliance after replacing the existing Sprint MEN antennas and the addition of Sprint CDMA antennas. The maximum power density was predicted to be 3.07%MPE. The above analysis verifies that this proposed configuration does not approach power density levels that would be considered harmful on the ground level as outlined by the FCC in the OFT Bulletin 65 Ed. 97-01. &32007 44of47 I certify to the best of any knowledge that the statements in this report are true and accurate. The measurements were obtained with properly calibrated equipment using techniques in compliance with ANSMEEE Std. C95.3, ANSMEE Std. 095.1 and FCC OFT Bulletin 65 Edition 97-01. 0J� 1,�q AugW 3.2007 Tony Well Date C Squared Systems, LLC OET Bulletin 65 - Edition 97-01 - A ui.sg t 1997 Federal Communications Commission Office of Engineering & Technology ANSI C95.1-1982 Attlericam National Standard Safety Levelli LevelWith ResWct to Hi unan Exoasuret Radio Frequency Eleckgrmacnefig Fields, 300 kHz to 100 GHz. IEEE -SA Standards Board IEEE Std C95.3-1991 (Reaff 1997), IEEE Recommended Practice for the Measurement of Potentially Hazardous Electromagnetic Fields - RF and Microwave. IEEE -SA Standards Board 9/3/2017 45 of47 PCC Limits fur NLAinunu Permissible Exposum (MPE) (A) Limits for OccupationiVControl ed Exposure Frequency Electric Field Magnetic Field Power Density Averaging Time Range Strength (E) Strength (fi) (S) JEI', H2 or S (Miix) CV/M) (A/m) (mwt®) (minutes) 03-3.0 614 1.63 (100)0 6 3.0-30 1842/£ 4.891f (900/Py 6 30-300 61.4 0.163 1.0 6 300-1500 — -_ £(300 6 1500-100,000 — _ 5 6 (B) Lnsits for General Population/UnrontroRed Exposmr Frequency Electric Field Magnetic Field Power Density Averaging Time Range Strength (E) Strength (ti) (S) (EI', 92 or S (MHz) (V/m) (A/m) (mw/CM) (minmes) 0.3-134 614 1.63 (100)• 30 13430 824/f 2.197£ (180JP)' 30 30-300 27.5 0.073 0.2 30 300-1500 — — 61500 30 1500-100,000 — — 1.0 30 f= fiegoency in Mtiz aP7a�-wave equivalent power density NOTE 1: Omryalt"" conrr011ed limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over their exposure. Limits for occupationalrccntrolled exposure also apply in situations when an tridnidual is transient through a location where ocnyutional/controlled hours apply provided he or she is made aware of the potential for exposure. NOTE 2: Generd populadoNunronnolled expostues apply in situations in which the general public may be exposed, or in which persons that are exposedas a consequence of their employment may not be fully aware of the potential for exposure or can not exercise control over their exposure. 8/3/2007 46or47 Plane -wave Equivalent Power Density 1,000 OccupabonallControlled Exposure General PopulationlUncontrolled Exposure 100 \ 10 \ 5 \ \ 1 \ i a 003 0.3 } 3 30 300 13,000 30,000 1300,000 1-34 1.500 100,000 Frequency (MHz) &3n007 47orat Mr. David Cooper, New England Consolidation Manager Page 2 Sprint Spectrum MA -2105, North Andover, MA July 24, 2007 Spectrum will be located within a few inches of the chain link fence (we note that other WCF equipment on the site is already located within a few inches of the chain link fence). The proposed cabinet will be equipped with a small air-conditioning system, which is acoustically comparable to a typical residential window aircondilioner. The sound level projected just inches from the air -conditioner would exceed 50 decibels. However, the sound level projected to the nearest property line (and to all other property line boundaries of the project site) would be less than 50 decibels. • We recommend that Sprint Spectrum request a waiver of the 50 decibel requirement at the chain link fence, with the rationale for the request supported by the understanding that Sprint Spectrum equipment sound will be below 50 decibels at the property line, and far below the existing background sound level and inaudible at residences. • If a waiver will not be granted, the 50 decibel requirement at the security barrier can be achieved with a sound barrier wall, which would require changing some of the currently existing and currently proposed equipment cabinet locations within the equipment compound, and constructing a sound barrier wall around a large portion of the proposed Sprint Spectrum eauioment cabinet (as discussed and illustrated in this report). However it is the opinion of this Purpose of Acoustical Evaluation There are two interrelated purposes of this acoustical evaluation: 1. The technical requirement of our studies summarized in this report is to fulfill the Town of North Andover Noise Filing Requirements and to ensure and demonstrate that sound associated with the proposed Sprint Spectrum WCF equipment will comply with acoustical criteria promulgated by the Massachusetts Department of Environmental Protection (MDEP). 2. The overall general purpose of our studies is to ensure that any sound associated with the proposed Sprint Spectrum WCF equipment will not create a potential for a noise nuisance condition, for any/all residential properties in the vicinity of the WCF site. Attachments • Table 1 summarizes our measurements of existing (July 2007) sound levels at the nearest Kara Drive residence property line; including specific acoustical descriptors, listed in accordance with the Town of North Andover Noise Filing Requirements, and the MDEP Community Sound Level Criteria evaluation requirements. • Table 2 summarizes our calculations and projections of future environmental sound levels to be produced by the proposed Sprint Spectrum equipment and transmitted to nearest residential properties, listed in accordance with Town of North Andover Noise Filing Requirements and the MDEP Community Sound Level Criteria evaluation requirements. • Figure 1 is an aerial photograph of the WCF and vicinity, which we have marked -up to show the locations of the most pertinent house sound receptor locations listed on Table 2. • Figure 2 is a site survey drawing showing the location and dimensions of the equipment compound and property lines, which we have marked up to show the most pertinent property line sound receptor locations listed on Table 2. Rom Mr. David Cooper, New England Consolidation Manager Page 3 Sprint Spectrum MA -2105, North Andover, MA July 24, 2007 • Figure 3 is a sound level fime-history graph of the preconstmction (prior to the currently - proposed Sprint Spectrum addition) ambient sound monitoring data that we collected at the lot line of the nearest Kara Drive residential property (pertinent data from Figure 2 are summarized in Table 1). • Appendix A contains letter -size copies of Sprint Spectrum project drawings and specifications provided to us for this acoustical evaluation, including acoustical data for the equipment cabinet proposed to be installed by Sprint Spectrum. • Appendix B contains a brief glossary of acoustical terminology, together with the MDEP and Town of North Andover acoustical criteria pertinent to this study. • Appendix C contains a copy of the Sprint Spectrum equipment compound design drawing, which we have annotated to show the location and dimensions of a potential sound barrier wall, together with acoustical panel product literature, in the event that the Town of North Andover would require a sound barrier. (Again, it is the opinion of this office that a sound barrier wall is not necessary to ensure inaudibility of Sprint equipment sound at any houses surrounding the WCF site.) Existing Equipment and Proposed Sprint Spectrum Addition As shown on the drawings in Appendix A, the existing WCF is a socalled "lattice tower" antenna site, with the WCF base station electronic equipment variously housed within metal cabinets and a wood "shed' building at ground level, and antenna arrays located up on the antenna tower. The existing equipment cabinets and shed building are acoustically shielded with respect to nearby occupied residences by the natural topography of the hillsides sloping away from the WCF compound, such that occupied residences are located at lower elevations than the WCF compound and are shielded by the'shoulder" of the hillside. The entire WCF equipment compound and antenna tower area is surrounded by a chain link fence (which is a secority, barrier, not a sound barrier). The addition proposed by Sprint Spectrum is to add new antenna arrays on the antenna tower, and to add a new Versaflex metal equipment cabinet at grade within the existing chain link fence compound. The Versaflex cabinet is approximately 10 -feet long, 7 -feet wide, and 8 -feet tall. Some of the existing metal equipment cabinets on the site will be slightly relocated within the equipment compound to provide room to install the proposed new Versaflex cabinet. The Versaflex cabinet will be equipped with a small Heating, Ventilating, and Air Conditioning (HVAC) system, which is required to maintain adequate temperature and humidity conditions for the electronic equipment housed within the cabinet. The potential for sound produced by the HVAC unit and transmitted to adjacent/nearby properties is the principal focus of the acoustical evaluation summarized in this report. As a practical observation, the proposed HVAC unit is essentially a "residential -size unit, comparable in sound level to a residential window AC unit or small outdoor condenser/compressor unit for a "central air" residential system, similar to thousands of similarly -sized AC units located in residential neighborhoods throughout North Andover. The proposed HVAC unit is not a large commercial AC unit, such as AC units located on office buildings, stores, etc. elsewhere in North Andover. The proposed Versagex equipment shelter with built-in HVAC unit is a "new -generation' equipment cabinet in the WCF industry; and is significantly smaller and quieter than many of the electronic equipment shelter buildings equipped with large external HVAC units that have been installed at WCF sites over the last 5 to 10 years. Finally, the Versaflex cabinet will be acoustically shielded from occupied residences in the vicinity of the WCF site by the natural hillside topography, just as the existing at -grade equipment cabinets and shed building are topographically shielded from the residences. Rom Mr. David Cooper, New England Consolidation Manager Page 4 Sprint Spectrum MA -2105, North Andover, MA July 24, 2007 Acoustical Criteria Briefly, the MDEP criteria require that sound produced by the WCF and transmitted to residential properties must not exceed the pre-existing background sound level by more than 10 decibels. In accordance with the criteria, the background sound level is to be measured and reported in terms of the ninetieth percentile sound level, symbolized Lm. In addition, the MDEP prohibits a "pure -tone" condition, which is to be evaluated with an octave band sound spectrum analysis (see Appendix B for further information). The Town of North Andover requires that sound produced by WCF must not exceed 50 decibels at the "security barrier", and requires that the both the pre-existing and projected future sound levels be reported in terms of the Day -Night Sound Level (abbreviated DNL, symbolized LA Measurements of Existing Acoustical Environment and Corresponding WCF Sound Limits On Thursday, July 12, 2007 Cavanaugh Tocci Associates, Inc. visited the project site at 300 Chestnut Street, and toured the surrounding neighborhoods, and conducted the following: • Observed the various distance and relative elevation relationships between the WCF equipment compound and the residential properties in the vicinity of the WCF site. • Installed an environmental sound monitor at the residential property line abutting and overlooking the Kara Drive neighborhood, with the sound monitor located along the property line closest to the proposed Versaflex cabinet location. Based on a brief driving tour of the vicinity around the project site, we conclude that the background sound levels data that we collected at the residential lot line are representative of background sound levels at residences in the immediate vicinity of the project site, which are the principal focus of this acoustical evaluation. The unattended sound monitor that we installed measured A -weighted (dBA) ambient sound levels continuously for seven (7) calendar days, including daytime and nighttime hours, and reported standard acoustical descriptors in one-hour intervals. The monitor was programmed to measure hourly percentile, equivalent, and maximum and minimum sound levels (pertinent acoustical descriptors are briefly explained below and in Appendix B). Figure 2 presents the sound monitoring data most pertinent to this report. On the Figure 2 graph, the upper data trace is the one percentile sound level (Lvr), which is considered to be the nominal "maximum" sound level that occurred each hour. The center trace is the energy equivalent sound level (L,o), which is considered the "average" sound level for each hour, and which is used to calculate the 24-hour Day Night Sound Level (La„) in accordance with Town of North Andover reporting requirements. The lower trace is the ninetieth percentile sound level (L.0), which is considered the "background" sound level for each hour, and which is used to establish the base4ine background sound level in accordance with specific MDEP criteria. • As shown on Figure 2, the sound monitoring data exhibit a diumal pattern of sound levels expected in a suburban residential neighborhood environment. The measured sound levels are generally higher during the day (due to traffic) and lower at night. We believe that the elevated sound levels that occurred briefly on Sunday mid-afternoon and Monday mid-morning were produced by domestic yard maintenance equipment and activities in the neighborhood, and are unrelated to WCF equipment. • With respect to the MDEP sound level limit based on measured ambient sound levels, from the data shown on Figure 2 and Table 1, we determined that the seven-day average lowest hourly Lw RVI Mr. David Cooper, New England Consolidation Manager Page 5 Sprint Spectrum MA -2105, North Andover, MA July 24, 2007 background sound level was 39 dBA during late night hours, and the absolute lowest hourly L, background sound level was 38 dBA during late night hours. Potential Environmental Concerns for Wireless Communications Facilities There are two separate, yet related aspects of WCF installations that create the potential for environmental noise. • One of these is sound produced by Healing, Ventilating, and Air -Conditioning (HVAC) systems that are used to maintain a certain range of temperature and humidity conditions for the WCF electronic components, which are housed within small equipment cabinets and/or shelter buildings. • The other is sound produced by wind flow around and/or through aerial components of the outdoor antenna system components. In addition, wind can diffract or "bend" sound waves propagating through the atmosphere, typically resulting in higher sound levels downwind, and lower sound levels upwind. Antenna and HVAC Unit Locations on Project Site As shown in Appendix A, the proposed Sprint Spectrum antenna arrays will be located on the lattice tower, at an elevation lower than the existing antenna arrays. It is our understanding that the existing WCF has been in operation for years, and there have been no complaints or noted instances of wind - induced noise. Therefore, it is reasonable to expect that the proposed new Sprint Spectrum antenna arrays would not result in a wind -induced noise problem. The electronic equipment will be housed inside a metal cabinet building at grade. The HVAC unit will be located inside the cabinet with air exchange louvers on the cabinet fagade. Evaluation of HVAC Equipment Sound Levels Appendix A contains copies of Sprint Spectrum project drawings and specifications, including acoustical data for the equipment cabinet. We have used the reference acoustical data as a basis for our calculations of sound levels projected to nearest residences, which are summarized in Table 2. On Table 2, the reference equipment cabinet HVAC sound levels measured indoors (reverberant conditions) have been adjusted for outdoor (free -field conditions), adjusted for distance to receptor locations, and adjusted for acoustical shielding provided by the hillside topography where applicable. As shown on Table 2, the equipment cabinet HVAC sound levels projected to the two nearest occupied residences on either side of the WCF project site are 25 dBA (Kara Drive) and 20 d13A (Chestnut Street), respectively. The Sprint Spectrum sound levels projected to any/all residences in the vicinity of the WCF site are far below the existing sound levels in the neighborhoods, at any fime day and night, and are far below the RR Mr. David Cooper, New England Consolidation Manager Page 6 Sprint Spectrum MA -2105, North Andover, MA July 24, 2007 MDEP regulatory limits at any time day or night. The projected sound levels are so low, that they would be inaudible outdoors or indoors at the residences at all times, day or night. The projected sound levels are so low that they would not result in any increase in the Day Night Sound Level values reported in Table 1. Finally, as the projected levels are far lower than the existing background sound levels, they could not result in a'pure-tone condition, and therefore would comply with the MDEP pure tone criterion. Therefore the pro acted HVAC systems sound levels would clearly comply with the MDEP acoustical criteria and would be entirely inaudible at any time of clay or night at any/all residences surrounding the WCF site. However, projected Versaflex cabinet sound levels would exceed 50 decibels at the chain link fence, just a few inches from the cabinet exterior facade. In the event that the Town of North Andover would require compliance with the 50 decibel limit at the security barrier, regardless of the conclusions listed herein, then a sound barrier wall would be required. Appendix C contains a design drawing that we have annotated to show the conceptual location of a sound barrier wall, and representative product literature for an acoustical panel system suitable to construct the wall. To provide adequate airflow for the HVAC system, together with adequate noise reduction to achieve 50 decibels at the chain link fence, the orientation of the Versaflex cabinet would have to be rotated 180 -degrees within the equipment compound, and the sound barrier wall would have to extend or 'wrap" signifcently beyond the HVAC end of the Versaflex cabinet. Therefore, some of the existing equipment within the compound would have to be relocated, to allow room for the wall. The conceptual sound barrier wall layout shown in Appendix C assumes that the Versaflex cabinet would remain in the same location as currently proposed by Sprint Spectrum, as shown in the design drawings submitted to the Town of North Andover. Other sound wall alternatives could be developed in the event that the Versaflex cabinet could be relocated elsewhere within the compound. Evaluation of Potential Sound Produced by Wind/Antenna Interaction In addition to our evaluation of HVAC unit sound levels, we have briefly evaluated the potential for noise impact associated with wind flow around the proposed new antenna arrays. Based on our acoustical measurements and evaluations at numerous other WCF project sites, together with review of acoustical reference literature, we can state that the antenna would not produce any audible sound by itself. Rather, the potential concern for any sound associated with the new antenna arrays, would be sound produced by the interaction of wind flowing across antenna surfaces. There are two types of sound that could result. One of these is general, broadband sound. The other is/are specific tone(s), known as Aeolian tones. Broadband Sound Based on our experience with dozens of similar antenna facilities elsewhere, we note that any general, broadband noise associated with wind/antenna interaction, and transmitted to residential receptors, is typically lower than the otherwise -occurring sound produced by wind blowing through trees and foliage in the immediate vicinity of residences, and around the structures and components of the residences themselves (fascias, gutters, downspouts, etc.) This does not imply that no wind/antenna would or could be produced with the proposed new antennas. Rather, any sound that may be produced by wind interaction with the new antennas, and transmitted to residences in the vicinity of the project site, would be lower than the existing wind/foliage/structure interaction sounds that are unrelated to the WCF antenna site, and which already occur at residences during windy conditions. It is our understanding that the existing WCF has not generated any wind -related noise sufficient to result in complaints, and therefore it is reasonable to conclude that the proposed new Sprint Spectrum antennas would not be expected to create a noise problem. REM Mr. David Cooper, New England Consolidation Manager Page 7 Sprint Spectrum MA-2105, North Andover, MA July 24, 2007 However, in connection with a number of previous WCF antenna site acoustical consulfing projects, we have learned of a previous wind/antenna noise problem that occurred on Cape Cod a few years ago. Although we have no direct experience with the specific noisy antenna facility, we have been informed that the noise problem was associated with a faulty weld and resultant partial disconnection of one of the antenna components. During windy conditions, the loose component vibrated and rattled, and produced significant noise. We further understand that the faulty weld was subsequently diagnosed and repaired, and the noise problem was thereby resolved. In the unlikely event that such a loose-component condition would occur at the 300 Chestnut Street antenna site, we believe that the same simple resolution to the problem could be easily achieved. Tonal (Aeolian) Sound Aeolian tones are generated by airflow over cylinders (or portions of structures with cylindrical profiles), rather than airflow over flat, rectilinear surfaces. Without extraordinarily complex and expensive calculations and analysis, Is not possible to predict Aeolian tones, or predict the absence of Aeolian tones, with any degree of accuracy for the proposed new antenna arrays. Our general conclusion for this project is that in the event that Aeolian tones do occur as a result of wind flow around the new antenna arrays, then the tone(s) could be easily mitigated by modifying the support stmt profiles. Again, we understand there have been no perceptions of or complaints regarding sound produced by the existing tower, and we do not expect any problem to occur with the proposed new antennas. Conclusions Our evaluation indicates that projected future Sprint Spectrum WCF sound will clearly comply with the MDEP acoustical criteria at all properties surrounding the project site, day and night. The projected Sprint Spectrum equipment sound levels are so low, in comparison with existing ambient sound levels, that they would be inaudible outdoors or indoors at any/all nearby houses, day and night. The final conclusion of this report is that the proposed Sprint Spectrum equipment addition to the existing WCF site poses negligible risk or concern for environmental sound at residential properties surrounding the project site. We trust this report fulfills your request, and fulfills the Town of North Andover submittal requirements. Sincerely, C/AAV(ANAUGH TOC�C/ ASSOCIATES, INC. / man'^ � • O Brion G. Koning, Senior Consultant 07253-Gene lDynamksspdntSpecWmNathA ver-MA-7-2447.dw am N W n Q Q Q Q P V O P P th P 2 N P a N y T 3, 0 Try nn v .- r m R a o 0 o m e Ie �o .n in a a M N �r a 3� 'n N 3n � ryq O N P P P o] a ri 11 N P y Q D P P P F 9 � C A J 2 E 5z W n J J r L q WY Q Z5 a Z'S7bnn- v d v d v v n'm va n caav- o.`a <�zz z°z° ztai r a m 09 ViOH�IOV <mp10 mJ! � 9 C J O N > m V9_ C G O O O N C q TVA:, 9 d V � N a Z? u y pO�ONF17 MN _N � E 0 �WN31 C�Sy z°W0 C V_VdC 6�da dd �JfL�R'd' dVd6 uyuA a`a a`a` Fiaure 1 * Aerial photograph showina SpdnNNextel eauipment compound and nearby residential receptors Property Line -North � (361 ft) i yS Property Line — East » (214 ft) a Property Line — West (228 ft) f Property Line - South i S (89 ft) lir � .R FERC FL. Y Figure 2: Survey drawing Z (Vqp) Jenel punos pe+y6iem V +yeiogn rvdoo:g pOpN rvroo.g +ve+�qw rvd oo:y uppN nvon:g +ygywry rvd oo:g pOpN rvbpg.g +4&ypm c rvd oo:g c °pON m a bww'g L +4&�plw rvd G]:g X00:9 +yo�yp(W wd oo:g o -Iv wvoo:g Wll"v rvd oo:g wvoo.'g C +y&pp/w APPENDIX A Project Design Drawings and Specifications V6j(A� �� 3 w C e& ¢Z �"Y x <ii �6- N •iyool�f#tm ok.ILKc z 1do3 YN N O• / 4 X13 �� Q W o seg w 4—I 3 U O �J M�M y.� ' d ' s°• L W '1'ti z Kg Y $¢ d 11� Q > nix°G' > b5J.i3y LLJ Ljj LU Q G1A36af Z o i geli� K- s a �g3bg[FCC o l'P 5 N ou w 1al3:�j { a w KKK A oil 51;15 ! �A O gg ppp3 p¢ y5 FY5#e�SA,tS9 x w 0 p A 3gi w w � iv � KSd9 iiia O gg ppp3 p¢ y5 FY5#e�SA,tS9 r t E e R E: AA 9f��rg e! g¢g �t6iF o4� i | APPENDIX B Pertinent Acoustical Terminology and Criteria W A-weii hting 128 130^ Thre Odpan Generally, the sensitivity of human hearing is restricted to the frequency range of 20 Hz to 20,000 Hz. The human ear, however, is most sensitive to sound in the 500 to 8,000 Hz frequency range. Above and below this range, the ear becomes progressively less sensi- tive. To account for this feature of human hearing, sound level meters incorporate a filtering of acoustic signals according to frequency This filtering is devised to correspond to the varying sensitivity of the human ear to sound over the audible frequency range. This filtering is called A -weighting. Sound pressure level values obtained using this weighting are referred to as A -weighted sound pressure levels and are signified by the identifier dBA. To provide some perspective, Fgure 2.1 gives typical A -weighted sound pressure levels of various common sounds. An important feature of the human perception of continuous sound is that an increase or decrease in sound pressure level by 3 dB or less is barely percep- fible; an increase or decrease of 5 dB is clearly Perceptible; an increase or decrease of 10 dB is Perceived as a doubling or halving of noise level. 2.1 64 H 120 H JM aimrafi lake -d( at ion FMft nadima at apwabt p aw 16 m 100 Culofl saw at opaata9 pmtm V I Aubmdile ham d 10' 0 B 6 g0 k iw bdler room Bdklo at 25' j4 80 SwIs car iNemr at 60 mph w M Diems ocannlire d 5e v2 'c 70 Ai cOripressor al 50' s y 1 9 t 60 lJotnal mnver5atiorial speadt at 5' - 10' 3 12 Q 50 Open dice area backgrauq 6v& 1/4 40 Revdenliale sot mdom is Reade ba "Lrd 1a 1/8 30 Sdt W -.s r at 2' Remr&g dodo 1/16 20 Concert hat Figure 2.1 Loudness rano and decibel scala (dBA) W corllnm sound. Octave Band Sound Pressure Levels For general environmental sounds, inside and outside of buildings, acoustic analysis usually involves deter- mining the sound pressure level in groups or bands of frequencies. It is customary to divide the audible frequency range into octave frequency bands. Figure 2.2 provides a list of octave band frequencies which have been defined in ANSI Standard 57.6- 1984 Preferred Reference Quantities for Acoustical Measurements [6]. The ANSI standard does not define octave band numbers. These have been given in Figure 2.2 as they are commonly used in technical literature, particularly information pertinent to buildings. Low High octere Frequency Center Frequency Bend Limit Frequency' Llmlt C[e 9 11,220. MOW 22.387. 'Ndnrat values Figure 2.2 Preferred octave band frequencies Sound level meters often are outfitted with octave band measurement capabilities. This allows the instrument user to directly measure the sound pressure level in each octave band. Although this data can be listed in tabular form, it is more useful to graph octave band values on a chart, as shown in Figure 2.3. This allows the user to more easily identify specific features of background noise which might be of concem. Data presented in this fashion are referred to as an octave band spectrum. Also shown in Figure 2.3 is an octave band spectrum of noise produced by an aircraft taking off at a distance of 1,ODD feet. Under certain circumstances, more frequency resolu- tion in acoustical data is needed so that one-third octave band sound level spectra are used. For exam- ple, the 1,ODO Hz octave band is divided into one-third octave bands with center frequencies at 80D Hz; 1,000 Hz; and 1,250 Hz. In Section 3 of this guide, sound Transmission Loss (TL) for various glazing configura- tions is reported in one-third octave band frequencies, as required by pertinent standards. 2.2 k Octave Pass Bands in Hertz Frequency in Hertz Figure 2.3 Ochre band sound pressure level spectr rn Icr typical conrnemial jet aircraft taken f L Environmental Noise Equivalent Sound Level Descriptors For several years, the U.S. Environmental Protection Agency (EPA) has enooura ed the use of the a ulva- Besides frequency and level, environmental sounds exhibit a time -varying or temporal characteristic. The temporal character of noise level can be illustrated by considering noise levels that occur near a highway. During the day, noise levels are generally high, increas- ing to higher peaks when a raisy truck passes and decreasing to a lower level between vehicle platoons. At night, when traffic volumes are lower, the same vari- ation occurs but is centered around a lower level. Noise descriptors are quantifications of noise that combine, into a single value, the three chief features of environmental noise: level, frequency and temporal characteristics. The use of an A -weighted sound pres- sure level combines the first two characteristics — level and frequency— into a single number. Then, by averaging A -weighted sound pressure levels over time in various fashions, noise descriptors that combine all three features can be developed. A commonly used descriptor is Percentile Exceeded A -weighted Sound Levels, A -weighted sound pressure levels exceeded for specific percent- ages of time within a noise monitoring period. For example, the one-hour 50 percentile A -weighted raise level, symbolized as the L50 (1 hour), is the A -weighted noise level exceeded a total of 30 minutes out of a con- tinuous 60 -minute period. Likewise, the 1-10 (20 minutes) is the A -weighted noise level exceeded a total of two minutes out of a continuous 20 -minute period. Percentile exceeded A -weighted noise levels most often are used to assess the time -varying character of raise. The residual noise level (defined as the nearly constant, low level of noise produced by distant motor vehicle traffic or industrial activity) is indicative of the lowest level in a monitoring period. Residual noise level is commonly defined as the LyO, i.e., the A -weighted sound level exceeded 90% of a monitoring time period. Intrusive noise is characterized as a high raise level that endures for only a short period and is produced by such events as aircraft flyovers and truck passbys. Intrusive noise level is often defined as the Lto, i.e., the A -weighted sound level exceeded 10% of a monitoring time period. Although the Lf0 is useful for understanding environmental noise, A is no longer used by any federal agency in setting standards. Instead, the equivalent sound level has become more commonly adopted as discussed below. 2.3 9 q lent sound level: a descriptor that uses the average A -weighted energy and differs significantly from 50th percentile, or average, sound pressure level. Unlike the 50th percentile sound level which is not influenced by peak noise levels of short duration, the equivalent sound level is. Therefore, the A -weighted equivalent sound level combines level, frequency and temporal character into a single -valued descriptor. Equivalent sound level, symbolized as Leq, is always higher than the L50, as it is influenced by noise contributions of high level and short duration such as aircraft flyovers or noisy truck passbys. Day -Night Average Sound Levels Noise levels occurring at night generally produce greater annoyance than do the same levels which occur during the day. It is generally agreed that com- munity perception of nighttime noise levels is 10 dBA higher [7j. That is, a given level of environmental noise during the day would appear to be approximately 10 dBA louder at night — at least in terms of its potential for causing community annoyance. This is largely because nighttime ambient environmental noise levels in most areas are approximately 10 dBA lower than daytime noise levels. This feature of nighttime annoyance has been incorpo- rated into a day -night noise descriptor which uses the equivalent sound level. This descriptor, referred to as the day -night average sound level or day -night equivalent sound level (Ldn) applies a 10 dBA "penalty" to noise levels occurring between 10:00 p.m. and 7:00 a.m., thus accounting for increased commu- nity sensitivity to nighttime noise Levels. To help place day -night average sound levels into perspective, Figure 2.4 contains a scale showing Ldn values for various types of outdoor locations. Because of their sensitivity to frequency and temporal characteristics of noise, both the Last and the Ldn have become widely accepted for use In environmental raise regulations and crileria. Among the federal agencies using Leq or Ldn sound levels are the U.S. Environ- mental Protection Agency, the Federal Highway Administration, the U.S. Department of Housing and Urban Development, the Federal Aviation Administra- tion, and the Department of Defense. 2.4 Outdoor Location _90— Ayalnenl retl b Ireeway 3'4 Is horn buctdo W map, airport _so — Oownlavn vilh sate c\ mraNnu1an wA ly Urban ttlgh dazaly apaarnanl - 0- tkban nxv hasrg on mapr avaee m a c —BUS—Old rxbari resltlenlal area J E— Wooded residentai �—Agricultural aop land —40�E Rural residential f— wi leness arnoiar _30_ Figure 2A Examples of outdoor daynight average sound levels in dB measured at various bastions 17) e) Environmental Standards i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed. ii) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed Boor, designed to contain at least I10%of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal, state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on-site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground -mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof -mounted or side -mounted equipment for wireless service facilities shall not generate ise in excess of 50 dB at ground level at the base of the building closest to the antenna Safety Stan ai Y3 i)Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelinesfor Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. ii) Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. 5) Application Procedures a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority (SPGA) for wireless service facilities shall be the Planning Board. b) Pre -Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre -Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre -application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co -applicants as well as any agents for the applicant or co -applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co -applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co -applicant. 99 footcandle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries or000sed. (1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexistent or ambient: the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet DEP requirements and Section 8.9(4)(e). (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies; power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum furore projected measurements of RFR from the proposed wireless service facility, including all co - locators, for the following situations: (a) Preexistent or ambient: the measurement of preexistent RFR. (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards subsection of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. viii) Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. ix) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such infom nation is not needed for a thorough review of a proposed personal wireless service facility. 6) Co -location a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone 102 \ COMMONWEALTH OF MASSACHUSETTS E.XECUTTVE OFFICE OF ENVIP.ONMENTALAFFAIRS DL'PARTMENT OF ENVIRONMENTAL PROTiCTION ONE WINTER STREET, ROSTON, MA 02105 617 292 5500' January 16, 1990 - DAQC Policy 90-001 DIVISION OF AIR QUALITY CONTROL POLICY ^-h-is policy 'is adopted by the Division of Air Quality Control. The D—Dartment's existing guideline for enforcing its noise regulation (310 CMR 7.10) is being reaffirmed. P O L I C Y noise source will be considered to be violating t -.e Decart-:=_nt's noise regulation (310 CMR 7.10) 4f it does not: _. Increase the broadband sound level by nore than 10 d9(:-_� bove ambient. 2. Produce a ^pure tone" condition - when any octave r-=-= center frequency sound pressure level exceeds' the tw-- adjacent center frequency sound pressure levels by decibels or nore. ese criteria are measured both at the property line and a - the nearest inhabited residence. Ambient is defined as th=- background A -weighted sound level that is exceeded 90% of the tire measured during equipment operating hours. The ambient may also be established by other means with the consent of the Department. Approved: January 16, 1990 Barbara A. Kwetz Acting Director Division of Air Quality Control Effective: Immediately APPENDIX C Noise Barrier Wall Details 0 Relocate existing equipment elsewhere within compound to Provide room for noise barrier !FYI Construct three -sided sound barrier wall, 10 ft. tall, with barrier ends extending 5 ft. back from HVAC end t Install VersaFlex cabinet with HVAC unit at North end _!I �x PROPOSFA COMPOUND PUN 2 Appendix Q Conceptual nose barrier design OSL e 9.7 e a` Appendix Q Conceptual nose barrier design OSL e 9.7 About Empire About Empire Page I of 1 Thank you for your interest in Empire Acoustical Systems' (EAS) product line and the capabilities of our company. EAS focuses on the custom engineering, fabrication and installation of acoustical enclosures, noise barriers and sound absorptive wall mountings. EAS noise control products are fabricated from galvanized steel or similar metals and have two basic applications. The Silent Screen panel is engineered for noise enclosures and barrier walls where structural integrity, sound absorption, and transmission loss are of major concern. The M-90 panel is used on walls for sound absorption applications. EAS noise control systems are designed to meet Universal Building Code (UBC), AASHTO, AISC, and AIR standards. All acoustical tests are certified by Riverbank Acoustical Laboratories, an independent testing laboratory. EAS custom engineered products are designed for harsh working environments, such as airport, highway, industrial, military, utility and commercial applications. They are especially suited for harsh working environments. After you have had the opportunity to review this site, please feel free to call one of our office locations with any questions you might have. We will be pleased to discuss our products and offer additional information to assist you with your current acoustical projects. Sincerely, Patrick McKeown President If you don't find what you are looking for, please call for assistance: 719-846-2300 ®Copyright Empire Acoustical Systems http://www.empireacousfcal.com/about.htm 7/26/2007 CAVANAUGH TOCCI ASSOCIATES, INCORPORATED 327 F BOSTON POST ROAD, SUDBURY, MA 01776EL: 3027 • T (978)443-7871 • FAX (978)443-7873 • E-MAIL ctapcavtoccl.com SCN M/NCIRALS WRLAMACAVANAUGH,AA EmmYu G K G O R Y C Moo K FA S O RIFSHXM RRIACIFALS DOUGIASH KU- UNCOUIasever nMomr �. FouuGs, rtt mrc m <M MATIHEWJ.EWI.ANIgDVE0. meE Bd Cm. MOORF. [r5 July 24, 2007 Mr. David Cooper, New England Consolidation Manager General Dynamics 450 Bedford Road Lexington, MA 02420 MNORANDSMFFCO MTAAJ ANDREWCCAR&11.1-EIRA WILLIAMLEWOT KHN i MULES "ONG.MNING MICHAEL D MAYNARD CHMSTOMER A. STORCH ADMINISTRATOR DCNNA L MFUS MARACAKCAANA VATRICM0.GSASAMm ASS( MI DCONSVLMA S NICIpUSBROWP5E.. STEwARr MNCMLL,(A Project: Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA -2105, 300 Chestnut Street, North Andover, MA Subject: Environmental Sound Levels Evaluation Dear Mr. Cooper, This letter and attachments present our measurements and evaluation of existing ambient environmental sound levels, and our projections and evaluation of future environmental sound levels, in connection with an equipment addition proposed by Sprint Spectrum L.P. at an existing Wireless Communications Facility (WCF) located at 300 Chestnut Street, North Andover, MA. Executive Summary • This acoustical evaluation report fulfills the WCF Noise Filing Requirements of the Town of North Andover Zoning Bylaws, and demonstrates that projected sound levels would be far below the Massachusetts Department of Environmental Protection (MDEP) Sound Levels Criteria limits at all residenfial properties surrounding the WCF site. • The most important practical conclusion of this acoustical evaluation is that the projected sound levels associated with the proposed Sprint Spectrum equipment addition to the WCF would be so low that Sprint equipment sound levels transmitted to any/all residences surrounding the WCF site would be much lower than the existing background sound levels in adjacent/nearby neighborhoods, and therefore would be inaudible and immeasurable at any/all residences surrounding the WCF site. • An associated practical conclusion is that the sound level projected to be produced by the proposed new Sprint equipment would be lower than the existing sound level produced by existina equipment at the WCF site. • However, there is a Town of North Andover Zoning Bylaw technical requirement that sound must not exceed "50 decibels at the security barrier" (which we assume to be the chain link fence surrounding the equipment compound). One end of the equipment cabinet proposed by Sprint MEMBER FIRM, NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS Panel Types Page 1 of 3 Our cost effective, light -weight, metal panels (reflective and absorptive) are designed to meet your specific noise control problems. Maintaining the highest acoustical properties available, our systems are engineered for easy installation and no maintenance. Panel T •Silent Screen Pan • p ive Panel • VISTA Panel • Reflective Panel Acoustical Performance Installation and Specifications Durability and Maintenance Color Coating Aesthetics Technical Assi Silent Screen Panels S Sent screen absorption panels are designed to provide both south absorption and sound transmissbn loss. These panels consist of individual sections, earth 12 inches wide, mounted horizontally on top of one another, or vernally, side by side. Eads section consists of a 2 3/9 inch deep, 16 to 22 -gauge tray. Typically, the tray is filled with six -pound density mineral wool, and covered with a perforated 22 -gauge face parel. Sane of the incident sound striking the perforated sitle will pass through the perforanom arxf be absorbed by the amustial material, and some will be reflected back in the dbection of Me nolse soma. The "remalnimf mord, which is barsmitted through the bander, will be substantially reduced. The panels have a Nose Reduction Cnehident (NRC) of 1.05. The panels also have s soond transmission class (Sic) of 26 for 22 gauge steel and STC d 35 fa 16 quage steel. STCs as hlgh as 96 are available. M-90 A orptive Pa I The panel is d fa wall -mo kiy Indoor and outdao Dlia[iore. The widths are 29 es L>,; °t wide. Th I.Mkknei$I2 5/8 intlles arlKApnych varyup b 12 The absorptive terial is a six- d �x;, ,',' density mine wont. Ha,M-90 panel has -mond absorytion vol •n(NRC 1.1. e.. acrd b Top M-90 ADsorpthve Panel VISTA Panels \1k tlege sbihry isrequ fa safety or mo ng paposesAmustial Panena high s[re Texan -type 'ai whkh has a ty rivaling gla tis much sfron V6TA abrasion a ultravbbt resl [.s are e3s' y compnetliwith mineral woo Qlled panels a dod¢le wall panek to a witle variety und proble s"r to TOP. Yrsra Panels R\,�'n'le Panels fl Pcnelsare ign tl to provide andtransmi - n loss onlyTM1nels cons) fions, ally 12 Inrh wide, atl can be otetl hori tallyorvertical)Isel" fie albs pleas ¢� noise wall and acoustical bardev, vu ^ y F. ead to Top G� http://www.empireacoustical.com/Acoustical Panels/ 7/26/2007 Panel Types Page 2 of 3 Reyyeetyve Panels Acoustical Performance PANEL ACOUSTICAL TEST TYPE RATING There are two properties whiN are used to measure Ne performarice of acoustical panels. Sound atim"on a SOUND TRANSMISSION the ability Ma noise panel to internally dissipate (as heat) inadent aeoustical energy. This pmpedy Is measured in terms of a sound absorption coefficient. The higher Re value of the coeffideny the more sound will be LOSS 'absorbed," leaving less to be transmitted or reflected. Theoretkally, a coefident value of 1.0 reliable; that all RComposite-n9o-Composite STC -39 Indent energy is absorbed. 352 Panel with pertora[ed Sound transmission loss Is a measure of the amount by which a mdse level is reduced as the nolle "passes metal through" a panel or banner. Transmission less Is measured in decibels, and a high transmission loss Indicates that WN a panel will be able m fir substantial amounts of noise. SOUND ABSORPTION PAL -AB]- Composite NRC -1.0 EAS owls have been tested in an independent acoustical laboratory.* The results a these tests are available on 320 Rawl with request. TWICM performance data for standard panels Is as follows: (Right) perforated metal Sound transmission bin tests were performed in accordance ASTM -E90 and ASTM -E913. Sound absorptionabsorptionadng tests were Performed in a¢nce artlawith ASTM{q23 and lSTM-ENS. TM- Bark to Top *RlvsrWsrAcaz#kal LaMaaby2s Installation one of the major advantages of the EAS Silent Screen panels is their sere of handling and assembly. In contrast to many other acoustical panels, which are fablrated in heavy 2 -foot or 4 -foot widths, Silent screen pans are standard 12 inch wWNs. These lightweight sectlons an be easily handled and Installed by one or two people without modal tools. Many installations do not require fasteners between pastel sections! All weessary trim pleas, and hardware are included. When required, structural supports, fmMng and gids an also be designed and supplied, needling in a complete turnkey installabon. Bark to Top Specifications A complete set of suggested product specifications for EAS Silent Sheen panels is available Durability and Maintenance EAS panels are designed to be virtually maintenance -free over the expected lifetime of a typkal Inttallation. Spray painted graffib can be easily removed with common sohents when using the Kywh@ palet system. Sack to Top Color Coating Panels can be supplied either galvanized (G-90) or color coated after galvanizing with one of the following systems: • Empire Acoustical Systems has recently acquired a'beked on' Powder Coating system for projects mobbing'custan' colored panels. Most colors are available with Nis system; color dhaits sent upon request, or for asi oro colors please provide Empire with a federal spec number or a sample of Ne color belf. • Panels an also be tested using the Kynar 500 Series, Empire stork colon sandstone. • All acoustical panels are supplied galvanized, and may be painted in Ne field. bttp:H/ .empireacowtical.com/Acoustical Panels/ 7/2612007 Panel Types Back to Top Aesthetics 1§ Our superb, coating system is avaht a in a variety of colors to suit virtually any decor requirement Colors can be syrdFed M bkntl Into or contrast with the surroundings. Panels are supplied with all ancillary iters in matching odors. Absorptive panels on be specified with a flat finish, m r dom unwanted glare and reflections, or a gloss fiNsh, to enhance the color and brighten the demr. Alternatively, if a coating is not required, panels an be furnished! with a standardgalvanized finish. Highway goodie, Back to Top Technical Assistance Page 3 of 3 FAS Acoustical Systems has sbu brral designers Intl engineers available, and an provide a hunker, project, amarets✓ Including wen rig installation, when requested. Haarae4zatw JdlJ . We also have the resources to Provpde acoustical testing Intl evaluation. A preliminary acoustical analysis may be necessary to determine Me appropriate type of treatment Pre- Intl post -project acoustical Monuremerrls inn help determe, Me ere,bad s, of an Installation. IieMYNrlrg Our techniml staff is ready and willing M assist you on Per mit praidd. Bark M Top http://www.empireacoustical.com/Acomtical_Pmcls/ 726/2007 M... label, alanly 6 rye u.a Aen,ney,m Lw 9=6 AA Som, EN, D11W NO: *17) 4y64123 10n, a. sMn cow zoo 2200 �, tiffs �� CL' �_ MfIM. MA 0211A _ 1OI71.568W Tel IOVI.56.5100 Pea wvplBl==,a July 10, 2007 Ya Facsimila, (978)688-9542 and FiirM-cfeeg/sjgLl 2001 JUL 12 AN 9:59 i i'ii{r' U NORTH ANDOVE MASSACHUSETT. RECEIVED JUL 112007 NORTHANDOVER Planning Board PLANNING DEPARTMENT Town of North Andover 1600 Osgood Road North Andover, MA 01845 Re: Application for a Modification of a Special Permit and Site Plan Approval Property Address: 300 Chestnut Skeet, North Andover Map 98C, Lot 0001 (the 'Property') Applicant: Sprint Spectrum, L.P. and is affiliate Nextel Communications of the Mid-Aslantic, Inc. (the "Applicant') Dear Honorable Members of the Planning Board: As you know, this firm represents the Applicant in connection with the above -referenced application from the Town of North Andover Planning Board (the 'Board'). This letter will serve as written confirmation of the Board's request to continue the public hearing currently scheduled for July 17, 2007, until August 7, 2007. The Applicant also agrees to waive the time required for the Board to issue its decision until August 14, 2007, Prior to the August 7hearing, the Applicant will deliver supplementary materials supporting the Applicant's application in time for the Board to review these materials in advance of the public hearing. Please do not hesitate to contact me should you have any questions or concerns. RMS/cd Qb PRINCE. LOBELAGLOVSKY&TYE-� Raymond Sanlil i, Interim Commuinty Development Director Town of North Andover T. Clerk T.sraa,p Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 Any appeal shall be filed within (20) days atter the date of filing of this notice in the office of the Town Clerk, per Mass. Gal. L. ch. 40A, § 17. Telephone (978)688-9541 BEARINC(S): c Fax (978) 688-9542 PETITION: 2005-001 North Andover, MA 01845 a c Notice of Decisive N�� D=o ret Year20B5 SyZ w 3 rCN„op Property at: 300 Chestnut Street T N 0 z';D nrrn rrnn Xm < N v T n m NAME: Cingutar Wireless LLC, 580 Main Street, Bolton, MA 01740 BEARINC(S): February 8, April 12, May 12, June 14, Jul 12, & August 9, 2005 ADDRESS: forpremises; at: 300 Chestnut Strut PETITION: 2005-001 North Andover, MA 01845 TYPING DATE: August 11, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 9, 2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts upon the application of Ciagular Wireless LLC, 580 Main Street, Bolton, MA 01740, for premises at: 300 Chestnut Strut, North Andover, requesting a dimensional Variance from Section 8, Paragraph 8.9(3)(c)(v) of the Zoning Bylaw, minimum requirements of the distance to Im lines, in order to install additional anteveas on the existing antenna tower. Said premise affected is property with frontage on the Fast side of Chestnut Street within the R-3 zoning district. The legal notices were published in the Eagle Tribune on January 24 & January 31, 2005. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Thomas D. Ippolito, and Richard M. Vailloncourt. The following non-voting members were present: Joseph D. LaCirasse and David R. Webster. Upon a motion by Richard J. Byers and 2'd by Richard M Vaillanonurt, the Board voted to grant the dimensional Variance from Section 8, Paragraph 8.9(3xcxv), minimum requirements of the distance to the lot lines in order to install additional antennas on the existing antenna tower. Voting in favor of the motion: Ellen P. McIntyre and Richard J. Byers. Voting to deny the motion: Thomas D. Ippolito and Richard M. Vaillancoun. The Board fonds that the motion for the Variance petition failed to receive the required super majority of fou votes, per Mass. Gen. L ch. 40A § 15. The Board finds that the applicant was requested to address the issue of hardship in general as well as hardship as it pertains to soil, shape, and topography during the April 12, 2005 hearing. The applicant provided the May 6, 2005 written response and the May 12, 2005 verbal response during the hearing to the issue of hardship as it pertains to gap coverage, but net to soil, shape and topography. The Board finds that owing to circumstances relating to the soil conditions, shape, or topography of the land or structures, and especially affecting such land but not affecting generally the zoning district in which it is located, a literal enforcement of the dimensional provisions of the ordinance would not involve substantial hardship, financial or otherwise, to the petitioner, that desirable relief may not be granted without substantial detriment to the public good, and that desimble relief may not be granted without nullifying or substantially derogating from the intent or purpose of this Bylaw as stated in Section 1 and Section 10, Paragraph 10.4. Town of North Andover Board of Appeals, l Ellen P. McIntyre, Chair Declsion2005.001. M98.CP2. Boudof Appeala978-688-9541 Building97"88-9545 Covanvubn97"M9530 UnI6978L8&9540 Plvming978fiM9535 Town of North Andover To. Clork T. Stamp Community Development and Services Division r? Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 Raymond Santilli, Interim Community Telephone (978) 688-9541 0 Development Director Fax (978) 688-9542 MM V4=Ono C Any appeal shall be filed within Notice of Recision yso N (20) days after the date of filing Year 2005 of this notice in the office of the Cpo -o Toxo Clerk, per Mass. Gm. L. ch. 40A, §17. Property at: 300 Chestnut Street 7+ r MA 01740 I June 14, July l2, & August 9, 2005 The North Andover Board of Appeals held a public hearing a[ its regular meeting on Tuesday, August 9, 2005 at 7:30 PM in the Town Hall tap floor meeting room, 120 Main Street, North Andover, Massachusetts upon the application of Cingular Wireless LLC, 580 Main Street, Bolton, MA 01740, for premises at: 300 Chestnut Street, North Andover, requesting a dimensional Variance from Section 8, Paragraph 8.9(3)(c)(v) of the Zoning Bylaw, minimum requirements of the distance to lot lines, in oder to install additional antennas on the existing antenna tower. Said premise affected is property with frontage on the East side of Chestnut Street within the R-3 zoning district. The legal notices were published in the Eagle Tribune on January 24 & January 31, 2005. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Thomas D. Ippolito, and Richard M. Vaillancourt. The following non-voting members were present: Joseph D. LaGmsse and David R. Webster. Upon a motion by Richard J. Byers and tad by Richard M. Vaillancourt, the Board voted to grant the dimensional Variance from Section 8, Paragraph 8.9(3)(c)(v), minimum requirements of the distance to the lot lines in oder to install additional antennas on the existing antenna tower. Voting in favor of the motion: Ellen P. McIntyre and Richard J. Byers. Voting to deny the motion: Thomas D. Ippolito and Richard M. Vaillancourt. The Board finds that the motion for the Variance petition failed to receive the required super majority of foo votes, pa Mass. Gen. L ch. 40A §15. The Board finds that the applicant was requested to address the issue of hardship in general as well as hardship as it pertains to soil, shape, and topography during the April 12, 2005 hearing. The applicant provided the May 6, 2005 written response and the May 12, 2005 verbal response during the hearing to the issue of hardship as it pertains to gap coverage, but nm to soil, shape and topography. The Board fords that owing to circumstances relating to the soil conditions, shape, or topography of the land or structures, and especially affecting such land but not affecting generally the zoning district in which it is located, a literal enforcement of the dimensional provisions of the ordinance would not involve substantial hardship, financial or otherwise, to the petitioner, that desirable relief may not be granted without substantial detriment to the public good, and that desirable relief may no be granted without nullifying or substantially derogating from the intent o purpose of this Bylaw as stmed in Section 1 and Section 10, Paragraph 10.4. Town of Nosh Andover Board of Appeals, 1 Ellen P. McIntyre Decision2005-001 M98.CP2. Board of Appeals 978-688.9541 Building 978688-9545 Cona cion 978-688-9530 Hoaah 978688-9540 Plonting 978-688-9535 �' mow+ �$• Raymond SantiW, Interim Community Development Director Town of North Andover Town Clerk r. Sump Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §l7. Telephone (978)688-9541 c Fax (978)688-9542 U == 'D`P Notice of Decision us y=o N Year 2005 rot =yz rno�� a Property at: 300 Chestnut Street - r The North Andover Board of Appeals held a public hearing at its regular meeting m Tuesday, August 9, 2005 at 7:30 PM in the Town Ball top floor meeting room, 120 Main Street, North Andover, Massachusetts upon the application of Cingalar Wireless LLC, 580 Main Street, Bolton, MA 01740, for premises at: 300 Chestnut Street, Nath Andover, requesting a dimensional Variance from Section 8, Paragraph 8.9(3)(cxv) of the Zoning Bylaw, minimum requirements of the distance to la lines, in order to install additional antennas m the existing antenna tower. Said premise affected is property with frontage on the East side of Chestnut Street within the R-3 zoning district. The legal notices were published in the Eagle Tribune on January 24 & January 31, 2005. The following voting members were prevent: Ellen P. McIntyre, Richard J. Byers, Thomas D. Ippolito, and Richard M. Vaillancourt. The following non-voting members were present: Joseph D. Le(masse and David R. Webster. Upon a motion by Richard J. Byers and 2'd by Richard M. Vaillancoury The Board voted to grant the dimensional Variance from Section 8, Paragraph 8.9(3XcXv), minimum requirements of the distance to the lot lines in order to install additional antennas on the existing anterma tower. Vining in favor of the motion: Ellen P. McIntyre and Richard J. Byers. Voting to deny the motion: Thomas D. Ippolito and Richard M. Vaillanceurt. The Board finds that the motion for the Variance petition failed to receive the required supe majority of four votes, per Mass. Gen. L ch. 40A §15. The Board finds that the applicant was requested to address the issue of hardship in general as well as hardship as it pertains to soil, shape, and topography during the April 12, 2005 hearing. The applicant provided the May 6, 2005 written response and the May 12, 2005 verbal response during the hearing to the issue of hardship as it pertains to gap coverage, but not to soil, shape and topography. The Board finds that owing to circumstances relating to the soil conditions, shape, or topography of the land or structures, and especially affecting such land but not affecting generally the zoning district in which it is located, a literal enforcement of the dimensional provisions of the ordinance would not involve substantial bardship, financial or otherwise, to the Petitioner, that desirable relief may not be granted without substantial detriment to the public good, and that desirable relief may not be granted without nullifying or substantially derogating from the intent or purpose of this Bylaw as stated in Section 1 and Section 10, Paragraph 10.4. Town of North Andover Board of Appeals, Ell® P. McIntyre, Charter Decision2005-001. M98.CP2. Bond of Appals 979-688-9541 Building 978488-9545 Conservation 998-68&9530 Hench 998-688-9540 Kenning 97"88-9535 e Town of North Andover s $' Community Development and Services Division :Or Office of the Zoning Board of Appeals 400 Osgood Street end) Raymond Santini, North Andover, Massachusetts 01845 Interim Community Telephone (978) 688-9541 Development Director Fax (978)688-9542 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. nth. 40A, § 17. Notice of Decision Year 2005 Property at: 300 Chestnut Street Town nark Tine Suunp NAME: Lingular Wireless LLC, 580 Main Street, Bolton, MA 01740 HEARING(S): February 8, April 12, May 12, CU June 14, July 12, & August 9, 2015 ADDRESS: for emises ah 300 Chesnut Street I PETITION: 2005-001 North Andover, MA 01845 1 TYPING DATE: August I L 2015 The North Andover Board of Appeals held a public heming a its regular meeting on Tuesday, August 9, 2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts upon the application of Cingular Wireless LLC, 580 Main Street, Bolton, MA 01740, for premises at: 300 Chestnut Street, Nath Andover, requesting a dimensional Variance from Section 8, Paragraph 8.9(3XcXv) of the Zoning Bylaw, minimum requirements of the distance to lot lines, in order to install additional antennas on the existing arrtenna tower. Said premise affected is property with frontage on the East side of Chestnut Street within the R-3 zoning district. The legal notices were published in the Eagle Tribune on January 24 & January 31, 2005. The following voting members were present: Eflen P. McIntyre, Richard J. Byers, Thomas D. Ippolito, and Richard M. Vaillancourt. The following non-voting members were present: Joseph D. LaGrasse and David R Webster. Upon a motion by Richard J. Byers and 204 by Richard M Vaillanco m, the Board voted to grant the dimensional Variance from Section 8, Paragraph 8.9(3XcXv), minimum requirements of the distance to the lot lines in order to install additional antennas on the existing antenna tower. Voting in favor of the motion: Ellen P. McIntyre and Richard J. Byers. Voting to deny the motion: Thomas D. Ippolito and Richard M. Vaiflancom. The Board finds that the motion for the Variance petition failed to receive the required super majority of four votes, per Mass. Gen. L ch. 40A §15. The Board finds that the applicant was requested to address the issue of hardship in general as well as hardship as it pertains to soil, shape, and topography during the April 12, 2005 hearing The applicant provided the May 6, 2005 written response and the May 12, 2005 verbal response during the hearing to the issue of hardship as it pertains to gap coverage, but not to soil, shape and topography. The Board finds that owing to circumstances relating to the soil conditions, shape, or topography of the land or structures, and especially affecting such land but not affecting generally the zoning district in which it is located, a literal enforcement of the dimensional provisions of the ordinance would not involve substantial hardship, financial or otherwise, to the petitioner, that desirable relief may not be granted without substantial detriment to the public good, and that desirable relief may not be granted without nullifying or substantially derogating from the intent or purpose of this Bylaw as stated in Section I and Section 10, Paragraph 10.4. Town of North Andover Board of Appeals, Ellam P. McIntyre, ChaW Decisiom2015-001. M98.CP2. Bond of Appeals 978-688-9541 Building 978688-9545 Commmion 978-688-9530 Hdfh48d88-9540 PWwng 978L8&9535 05/13/2005 15:15 FAX 617 252 6899 ANDERSON & 9REIGER LLP 0002/002 May 13 OS 09:254 NORTH RNDOVER 9786999542 p.2 RUE EIVED JDYCEBRADSHAW TOWN CLERK , Town of North Andover Office of the Zoning Board of Appeals t Development and Services Division 2005 MAY 11 � 3.Osgood SeL ' North Andover, )4 r chus 01815 ° D. Robert Nicene Building Gmmru imer TO: Town of North Andover Zoning Board -of Appeals 400 Osgood Street North Andover MA 01945 Telephom (978) 688.9517 Fax (978) 688-9542 Date S— r,3 - 0.5' Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Varum pedal Permit Comprehensive Permit (40B) Finding for property located at: STREET: 3 Pi -f Oil MAP: 94 , GI PARCEL: TOWN: VI 1 -+4r, i4o nael, I•'1 /T TO MEETING DATE(S): i NAME OF PETITIONER: n ' 1 4C1 BS Signed: l Petitio (orpetiuoner•s presentative) a aAPpc.rs 972. 6.24541 69i1d.,2971AN-O5.5 C icmu h 976 95M Iridal 9746224540 Nwuin297"914335 MAY 13 2005 BOARD OF APPEALS 03/00/2005 16:29 9782567035 C71A-CHELMSFORD PAGE 01 Mar 00 05 09:51• MORTH ANDOVER 9789999542 p,2 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 401) Chgo,nt Str .o D. Rohm Matra North Andover, Mauachusetts 01845 �—• i oorlAn;q <'on�misionm Telephone(978) Mal -9541, 1'44 (9781688-954' Date TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the titrtc cOnstmints for the North .Ando. er Zoning Board of Appeals to make a decision regardin the granting of a �VINLJO Jl>iR�iPelTnit Comprehensive permit (40B) Finding for property located at: STREET: JOF_ C4r,4414f Yf M.AP: // PARCEL: TOWf/N:---1`,//1�. TO MEETING DATE(S): NAME OF PETITIONER: Signed: Petitioner forberirinaer-s re.vso.,.r..:... R -M nl4pnrv5 n! A. ov'i' I aixWl'.'114 X1'.1US (')'xnxx.ai311 xlSea�4'X.GMYn)Li...... v'x.htlNliis Town of North Andover e Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood StreetNorth Andover, Massachusetts 01845 D. Rober'Nice tta Building Commissioner Telephone (978) 688-9541 Fax (978)688-9542 Date o?//0-5- TO: ?/ OS TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance' Special Permit Comprehensive Permit (40B) Finding for property located at:CLA II STREET: 300 PS-✓Itf � shyr f MAP: 9 U Ci PARCEL: d— TOWN: &rf4 4dgae✓ TO MEETING DATE(S): Aylr,4 1 �, NAME OF PETITIONER: C"A5u!s/f�' Signed: Petitioner (or petitioner's representative) Board of Appeals 978-688-9541 Building 978-688-9565 Cwsavution 978.688-9530 Heeah 97&688-9540 Planning 97M99-9535 Town of North Andover G� ..ae .a1M0 Office of the Zoning Board of Appeals 3' Community Development and Services Division 400 Osgood street North Andover, Massachusetts 01845 D. Robert Nicena Budding Commissioner Legal Notice North Andover, Board of Appeals ihUS'iiepac (9D78J6 29541 Fax (978) 688-9542 Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 80 of February, 2005 at 7:30 PM to all parties interested in the appeal of Cingular Wireless LLC, 580 Main Street, Bolton, MA 01740, for premises at: 300 Chestnut Street, North Andover, requesting a dimensional Variance from Section 8, Paragraph 8.9(3xcxv) of the Zoning Bylaw, minimum requirements of the distance to lot lines, in order to install additional antennas on the existing antenna tower. Said premise affected is property with frontage on the East side of Chestnut Street within the R-3 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on January 24 & January 31, 2005. Legalnotice2005-001 M98 CM Boyd of Appals 908-688-9541 Building 908488-9545 Conavaim 9]8488-9530 HaM 978688-9540 Naming 90848&9535 TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS NAME: GINVVLara WrRBt_ 5 LLC ADDRESS OF APPEAL: 3o<:) Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (W0 days prior to the first public hearing Failure to submit the required information within the time periods prescdbed may result in a dismissal by the Zoning Board of an application as inWrnDlete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application forth to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-888-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 97M88-9542 fax for Community Development offices 978-688-9545 Building Department 97" i Board of Appeals Office o dr 2U E I PAGE 1 of 4 130ARD OFAPPPA1 0 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a headng date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office vRL Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals S. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front SideA Side Rear NIA nr/a NSA % N/A NIA 20tt 1!11!!DY" 2345 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. SS-q. Ft. Coverage Feet Spaces Front Side Side 8 Rear �3_ �, �/�_ NIA % NIA NIA W- 243! 10512Vr % d. Required Lot: (As required by zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq, Ft. Sq. Ft, Coverage Feet Spaces Front Side A Side:B Rear N/A NIA N/A % N 1 N(q 600 &00 ". kW 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* •Refermx:e Uses from Ne Zoning By -Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total I Use of Square feet Floors Sq. feet Building' 'Reference Uses from the Z -ng By-I.aw. SMe number of unds in building 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form a the Zoning Board of Appeals. Every application shall be filed with the Toym Clerks Office it shall be the responsibility of the petitioner to furnish all supporting documerdaticn with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve Me appficaril from this responsibility. The petitioner shall be responsible for all expenses for fNng and legal nodficadon. Failure to comply with application requirements, as cited herein and in the Zoning Board Ruder and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. v Type above name (s) here Sieve N P_ Kt ry LEY Dec 14 04 09:48a NORTH ANDOVER 9786889542 Zoning Bylaw Dental Town Of North Andover Building Department ��._.. 400 Osgood Sr. North Andover, mA. 0le" Fhvu I76.66N6r6 Fu Yr"S,4 = _ •e..amo ,�,sy, yyya a.wmyw'�meiiuriyb�•er+�tarsq��e'ysr+ru, ,,re�gwr�hew�m �'�� b,ti~A�VPOft��tllvibhYa�,V�Yybmuf ti��Yr1N �Wowvnnret Alla:6prmr. �-, d/�" y. `,y Mp SI— T-,—� 1rFinavnw w.n�om-= ra /y crl !Ry•ial Dao, -I4 04 09.49a HORTX ANDOVER 9786889542 Plan ROW" NarrWva 7M lotlowp n 0 U p dW to lunhar m n NB Mm for Mnlsl br Ne appbrbw Ranted To: Fln pyn nrm CanarHq� ton Baa Otaronnt d awk VYo'u tkA. WnvYy Connkwn aN1Di K S,;-;7: 'MA01085-A-13 Site Name: North Andover RECORDING REQUESTED BY: WHEN RECORDED, RETURN TO: Southwestern Bell Mobile Systems, LLC c/o Cingular Wireless 6100 Atlantic Boulevard Norcross, GA 30071-1305 Attn: Network Real Estate Administration Tenant Site ID: 855A Tenant Site Name: Andover, Nanh THIS MEMORANDUM OF LEASE ('MEMORANDUM) dated as of 30, 2004, is between SBA TOWERS, INC., A FLORIDA CORPORATION ('OWNER'), and SOUTHWESTER BELL MOBILE SYSTEMS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, D/B/A CINGULAR WIRELESS (TENANT). RECITALS ,( WIq'EAS, Owner and Tenant have executed that certain Antenna Site Agreement ("Agreements dated as of i t,4Y�(i 2004, covering certain premises, a ground space area consisting of approximately 240 (12' x 20') /sgrYare feet. (the 'Premises') situated on a portion of that certain real property located in the County of Essex, State of Massachusetts, and more particularly described in Exhibit "A' attached hereto and incorporated herein by this reference; and WHEREAS, Owner and Tenant desire to record notice of the Agreement in the Official Records of Essex County, Massachusetts; NOW, THEREFORE, in consideration of the foregoing. Owner and Tenant hereby declare as follows: 1. Demise. Owner has leased the Premises to Tenant (together with access rights), and Tenant has hired the Premises from Owner, subject to the terms, covenants, and conditions contained in the Agreement. 2. Expiration Date. The term of the Agreement (Term") is scheduled to commence on or before December 1, 2004, and shall expire five (5) years thereafter, subject to Tenant's option to extend the Term pursuant to Section 2 of the Agreement for five (5) additional terms of five (5) years each. 3. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. Cingular Wireless -SBA National Tower Form (4/02) 1 Tenantlnidals Owner Initials June 15, 2004 ^.F She ID: . MA010e5-A-13 Site Name: North Andover Tenant Site ID: 855A Tenant Site Name: Andover, North IN WITNESS WHEREOF, Owner and Tenant have executed this Memorandum of Lease as of the date and year first written above. OWNER: SBA Towers, Inc. a Florida corporation By Jason Silberstein T e: Vice President, Property Management STATE OF FLORIDA )§ COUNTY OF PALM BEACH )§ TENANT: Southwestern Bell Mobile Systems, LLC, On� � 2004, before me, �EOR6/RN1f- &', ..$vT[�(o/{%E/� personally appeared Jason Silb rs in, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WIT ESS my hand and official seal. mi SNiER Q.ir+t/ 4C 88867 988867 ( ignatu fNotaryP blic e1'd.` 18, 2004yA'Ih;p,.-" umerxroers STATE 00030444S )§ COUNTY OF§ On o •r 20, 2004, before me, n DLQ,,r I �7 • �O 0 V4,k personally appeared John L. Burnell , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WI ESS m�nyend official seal. 7' /til( `N)6r- (Signature of Notary Public) Cingular Wireless -SBA National Tower Form (4102) 2 Tenant Initials Owner Initials_ June 15, 2004 Shell): . MA01085-A-13 Site Name: Nortn Andover EXHIBIT A TO THE MEMORANDUM OF LEASE LEGAL DESCRIPTION OF OWNER'S PROPERTY Owners Property of which the Premises are a part is described as follows: Tenant Site ID: 855A Tenant Site Name: Andover, North All that real property located in the State of Massachusetts, County of Essex described as follows: 300 Chestnut Street, North Andover, MA 01845-5308 Cingular Wreless-SBA National Tower Form (4/02) 3 Tenant Initials_ Owner Initials_ June 15, 2004 !SBA: Site ID: MA01085-A-13 Site Name: North Andover ADDENDUM TO ANTENNA SITE AGREEMENT Tenant Site ID: 855A Tenant Site Name: Andover, North This Addendum ('Adde dura i annexed to and forms a part of a certain Antenna Site Agreement ("Agreement") dated 2004, by and between SBA Towers, Inc., a Florida corporation ("Owner") and SouthWesyam Bell Mobile Systems, LLC, a Delaware limited liability company, d/b/a Cingular Wireless ("Tenant"). IN THE EVENT THAT ANY OF THE TERMS AND CONDITIONS HEREINAFTER SET FORTH CONFLICT WITH THE TERMS AND CONDITIONS OF THE AGREEMENT TO WHICH IT IS ANNEXED, THE TERMS AND CONDITIONS OF THIS ADDENDUM SHALL GOVERN AND BE DEEMED TO AMEND CONFLICTING PROVISIONS OF SAID AGREEMENT. AS USED IN THIS ADDENDUM, ALL CAPITALIZED TERMS SHALL HAVE THE SAME DEFINITION AS IN THE AGREEMENT TO WHICH IT REFERS EXCEPT TO THE EXTENT SUCH DEFINITIONS ARE HEREIN AMENDED. For good and valuable consideration Owner and Tenant hereby agree to the following additional or amended terms and conditions: i. Owner and Tenant acknowledge that Owner has performed a structural analysis on the tower with respect to the structural integrity of Owner's structure and upgrades to the tower (the 'Upgrades') are necessary prior to Tenant installing the equipment set forth in Exhibit 8 attached to the Agreement. All costs and expenses associated with the Upgrades shall be the responsibility of Owner. Owner shall provide a copy of the structural analysis to Tenant. 2. In the event the Upgrades are not complete prior to the Commencement Date as set forth in the Agreement, the parties agree that the Commencement Date, as set forth in Paragraph 2, Term, shall be modified and the second sentence shall be replaced with the following: The Commencement Date shall be the 1" day of the month following completion of the Upgrades at the Site. 3. Except as amended by this Addendum to the Agreement, the terms and conditions of the Agreement shall remain in full force and affect. IN WITNESS HEREOF, the parties hereto have set their hands as of the date set forth above. OWNER: SBA Towers, Inc., a Florida corporation B Jason Si! erstein We: Vice President, Property Management TENANT: Southwestern Bell Mo Ile Systems, LLC, a Data limits a ility company, Ibl Cin r W I s By: f John . Bruno Title: Northeast E cutive Director, Network Operations June 15, 2004 SBF;, l C+Yk---- CLO"h HARBOUR & ASSOCIATES LLP January 10, 2005 Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 RE: CINGULAR WIRELESS LLC APPLICATION FOR VARIANCE SITE # BOS-020 — 300 CHESTNUT STREET Dear Members of the Zoning Board of Appeals: 1 am writing to you as agent on behalf of our client Cingulm Wireless LLC(Cingulm). Cingular is a PCS communications provider licensed to provide wireless telecommunications services throughout Massachusetts. Clough, Harbour & Associates LLP is representing Cingular in their site acquisition and zoning work to improve their network from North Andover along Route 495 to Cape Cod. As you know, we are interested in collocating at 120' on the existing 152' guyed wire tower within the existing compound located at 300 Chestnut Street, in North Andover. We applied for our building permit on 12/3/04 and received our denial on 12/9/04. In order to install our equipment we are requesting a variance to section 8.9(3) c Dimensional Requirements, v) Setbacks. We are requesting to present at the Zoning Board of Appeals meeting on February 8, 2005. We are also aware as noted in the denial letter that we will be required to apply for a special permit from the Special Permit Granting Authority(the Planning Board) in order to build this site. Enclosed in this package are the checks totaling $248.90, $50.00 for administrative fees and $198.90 for the cost of first class, registered term receipt mailings, 46 first class postage stamps, 4 copies of the abutters names on mailing labels, a completed original application form, one mylar with signature block and 10 packages, each containing a copy of this cover letter, the application, the denial letter dated 12/9/04, the abutters list, a memorandum of lease, a full set of plans and propagation maps, one with the proposed site and one without the proposed site. Variance Application, points A -F A. Our particular variance request is to collocate Cingular wireless telecommunications equipment on the existing 152' tower at 120' and to place an equipment shelter within the existing tower compound. It is my understanding based on reviewing the code that a 600' setback is necessary, however I am not proposing an increase in height to an existing tower or a new tower and I am not proposing a new compound or an extension of an existing one. B. The particular conditions affecting the property concerning this variance is the existence of the 152' tower which has wireless telecommunications equipment on it and the existence of a compound containing wireless telecommunications base equipment which has adequate space remaining in it to fit our equipment. "Satisfying Our Clients with 313 Littleton Road, Suite 15, Chelmsford, MA 018243364 Dedicated People Committed to Total Quality' T 978.256.7949 • F 978.256.7835 • w ..doughharbouccom C+Y%---- CLOUGH HARBOUR & ASSOCIATES LLP C. If the literal zoning by-law was upheld and Cingular was not able to locate on this tower Cingular would be forced to construct a brand new tower within the seatch ring to meet the radio frequency engineers objectives for this site. D. The variance is the best alternative for the people of North Andover because there is an existing tower on the property and Cingular is able to collocate on the existing 152' tower without increasing the towers height at 120' and locate their base equipment within the existing compound, and with the variance Cingular will be able to meet their coverage objectives without building another tower. E. The zoning by-law was written to ensure public safety due to fall zones, this application and request does not change anything that would nullify or substantially derogate from the intent or purpose of the Zoning Bylaw, Cingular is simply adding their equipment to an existing 152' tower at 120' and locating their base equipment within the existing compound. F. Not applicable. I am looking forward to discussing our application further on February 8, 2005. If you have any questions or concerns between now and then please contact me at (518) 461-4485. Thank you for your consideration and prompt attention to this matter. Sincerely, Steven R. Kinley Site Acquisition and Zoning Manager Enclosures 'Satisfying Our Clients with( 313 Littleton Road, Suite 15, Chelmsford, MA 01824-3364 Dedicated People Committed to Total Quality' T 978.256.7949 • F 978.256.7835 •www. cloughharbourcom W FKOM : NORTH RNDWER ASSESSORS OFFICE FW( NO. : 978 688 3211 Abctterto Abutter' f Building Dept, ( ) Canservaton ( ; zoning ( ) Town of North Andover Abutters Listing Dec. 08 200404:1.41c"! P" REOUIR�EY007• WA QA. socsarn 1, way m an'?anbe:n :n' mane u �ssa',n mu:.hvpw anon mean M. pb,lv,,,, gaunt. w+wn atone elreelvwrosaean anrpuP. a omab wy. enJ aeunare fo abllOMwimM mrea nur4�se fsdib) Wt hn F'41Mr lire w m. peoc,,-,"ft, aw.'- rre mon ream epppahhe uw cot wntvdnarp the erew Of anraurn owner n Ocatee!n awns'.11 Me pervvrq CVM'10r aN C1r-1 tq,n, yq In. p Amin, b -01c aeapn, City party..' 9ubiacl propflyrty., MAP 88 PARCEL AWM.� C 2Adams SRA Tovieni Inc. 0 Chestnut Street North Andover, MA 01845 Abunen pro n'es mailmirg 9ddrea6: $900 Bmffn Sourd Parkwa NW X Baca Raton, FL 33481 Mad pWdal Name Atltlress 98.0 96 C 1 3 John Carter 300 Chestnut Street Norm Andover, MA 018,5 98.0 38 Evan M. Portman 440 Chestnut Street Norm Andover, MA 01846 98.0 54 Davy Breen 364 Chestnut Street North Andover, Mn 01843 98.0 66 Henry Harrel Nicholas DiRico 374 Chestnut Street North Andover, MA 01845 9a.0 67 Robert Hobrr¢e 4C6 Clr xn Street North Andover. MA 01845 9e.0 68 Steven& Elalne Tryder 396 Chestnut Street 386 Norm Andover, MA 01845 98.0 79 Stacey Funding Chestnut Streer North Allover, MA 01845 Se.0 80 Richard Pineau 2 Blueberry Hill !I re 395 Chestnut Street North Andgver, MA 01845 98.0 81 Thomas Sheehan 405 Chesnut Street North Andover, MA 01845 North Andover, MA 01846 98.0 98.0 62 83 Roden O'Bnen 415 Chea:nut Street North Andover, MA 01845 98.0 109 John & Susan Doherty 425 Chestnut Street North Andover, MA 01845 S&C 110 Steven Sigel 352 Chestnut Street North Andover, MA 018A5 98.0 John Marconi A16 Chesnut Street North Andover, MA 01845 08.0 114 Adelabo FestuS 450 Cheanut Street Norm Andpvar, MA 018x5 115 Adefabu Festua 460 Chestnut Street Norm Andover. MA 01645 Dare 1ye12004 Page or 2 This certfres Mat the names appearing on ft records of the Assessors Office as of 7" Crd y� Abutter to Aouaer( J Building 0api.. ( ) Consormlyin ( ) Toning ! MaUN : NUNIH 4iNWUbN RSbbbS'UNS I"ILt tilt( NU. : 4M bbl! Sill llec. bb t4JdJ 414: 1S1TI reit Abutter to Aouaer( J Building 0api.. ( ) Consormlyin ( ) Toning ! Town of North Andover Abutters Listing RECr/IRENENT MGL 4pA, Sedia111 acvea In yn?aNss sWM1en, wn@y a lana 4iryVYaF'vi4an in Ir�pap a@ u1 N His tlwoter ansa meso as pmalion.r, erryl;ybYc oriMala waY Intel IRI a the ptygly lin@ ins aauamf tp aCuaes orlon W q@ uhind)-@nlelelan nor M leaOKd'ng ti1;y ryy I "a:y ae4aJlgr as q@y ayx@! s Pe meal RUnI aidiG9da omni of ete 41Yat twm, antl ere dsnmaa'AdN suNcxnr is bcal@a in enaa4v-ty a loin. ine O."r9 ul s•xy a5�Nn9 dl1' p town.' &ublect Pronettv, MAP PARUL Maine - ?tl 98.0 2 SBA towed, Ina 0 Cheynut Sirapl .North ArdCver, MA 07845 Abutters Proo We malliriog address: 5900 Broken Sound Parkuray, NW Bora Raton. FL 33487 Mae Parcel Name Aedre55 98_A 98A 30 41 Gerry Silva Marlyn Mangano 10 Kara Drive Norm Andover, MA 01845 98 A 42 Daniel Lumarmon 82 Lim Lane 92 Lie Lane North Andover, MA 01845 98A 55 Richard Shaheen 10 Sm m Lane Nash Andover, MA 01845 98A 61 John Coady 89 Lice Lane North Andover, MA 01845 98A 62 Dema) Coady 103 North Andover, MA 01813 28A 63 Vincent Titone Um Lana North Andover, MA 01845 98.A 64 Chbypak & Soonja Kim 135 Lis. "no 130 Lea Lane Nona Andover, MA 01845 38A 66 'harts, Brennan 122 Lim Lane North Andover, MA 01845 98.A 57 Mark Mylan 112 Lisa Lane North Ammer, MA 01845 North Andover, MA 01845 98.A 98.A 68 75 John Cadawns 81 Liv Lane North Andover, MA 01&15 Jolla Hesitant 0 Lite Lane North Andover, MA 0184$ 98.A 84 mailing addre,a: 178 Kara Dnve North Andover. MA 01845 98.A 85 PJan Swahn 96 Kara Drive North Andover, MA 01845 98A ae John Monison 87 Kan Drive Nonh .Andover, MA 01845 MA 87 Mia"I Gaiss 79 Kara Drive North Andover, MA 01845 98.A 88 Rcger Lucey Prato Mukherlee 67 Kara Drive North Andover, MA 01845 98.A 89 Dav+d Alaimo 59 Karo Drive North Andover, MA 01845 98.A 90 Dense McManus 49 Kara Drive North Andover, MA 01845 98.A 91 Thaddeus Pullano 39 Kara Ddve 29 Kara Drive Nonh Andover, MA 01845 98A 92 Allan I, Hoffman 19 Kara Dnve North Andel MA 0184- North Andover, MA 01845 98A 98.A 93 94 - Jon McKenzie 9 Kan Dnve North Andover, MA 01845 98A Panicle Noonan 30 Kan Dnve Nath Andover. MA 01845 98 Sleoher. Misters 54 Kara Drive NOM Andover, MA 01845 98A 98.A 99 Ensign Realty Tru; 62 Kara Drive North Andover, MA 01845 98.A 101 102 Phillip Sock Thomas O'Connell 78 Kara Drive North Andover, MA 01845 44 Kant Dnve North Andover,. MA 01845 Det, 12/812004 Page 2 or 2 This cerliflea that the names aPPOaring on the Words of the Assessors Office as of Certified ole �,, Town of North Andover OPT OFFICE OF le ; •. °� COMMUNITY DEVELOPMENT AND SERVICES ° 27 Charles Street 40> WILLIAM J. SCOTT North Andover, Massachusetts 01845 •'�ss^•cXuse�a'+• Dimcror (978)688-9531 Fax (978)688-9542 NOTICE OF DECISION Any appeal shall be filed o z o within (20) days after the date of filing this Notice in the Office of the Town Clerk N ASF 0 Date: June 30, 2000 Date of Hearing: May 16, 2000 Petition of Sprint Spectrum, LP, One International Boulevard, Suite 800, Mahwah, NJ 07495 Premises affected: 300 Chestnut Street Referring to the above petition for a site plan special permit from the requirements of Section 8.9 of the Zoning Bylaw so as to allow: the installation and operation of a wireless service facility including nine panel antennas and associated cabling, utilities and equipment on an existing tower structure. After a public hearing given on the above date, the Planning Board voted To APPROVE the site plan special permit, based upon the following conditions: - - Signed li,Iti�l •. CC: Applicant Engineer Alison Lescarbeau, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Nardella Richard S.Rowen William Cunningham BOARD OF APPEALS 688-9541 BUn.DMG 6589545 CONSERVATION 688-9530 hniALTH 688-95M PLANNING 688-9535 Sprint Spectrum LP — 300 Chestnut Street Special Permit The Planning Board herein approves the Special Pemtit to install and operate a wireless service facility including nine panel antennas and associated cabling, utilities and equipment on an existing tower structure in the Residential 3 Zoning District. This Special Permit was requested by Sprint Spectrum LP, One International Boulevard, Suite 800, Mahwah, NH 07495. This application and additional documentation as cited herein was filed with the Planning Board on April 14, 2000 with subsequent submittals on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is being colocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the analysis conducted by Wellman Associates, Inc. 3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the public. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1: Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement, construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2) Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 3) Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) After the equipment on the facility is in operation, the applicant shall submit to the SPGR, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4xc)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) After the wireless service facility is in operation the applicant shall submit to the SPGA, within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub -section 6.13.14.5 of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co -applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the equipment. 4. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The applicant shall provide a map indicating the intended locations for testing as required above. b) A bond in the amount of $5,000 shall be posted for the purpose of insuring that a final as -built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 5. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the Purpose of tracking the construction and informing the public of anticipated activities on the site.. b) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. 6. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 7. Prior to verification of the Certificate of Use and Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) All lighting placed by the carrier on the subject property shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. 8. Prior to the final release of security: a) A final as -built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 9. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Stall' Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. 10. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 11. No equipment or other equipment that will emanate noise -exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 12. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 15. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 16. Any revisions shall be submitted to the Town Planner for review. if these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 17. This Special Permit approval shall be deemed to have lapsed after two years from the date permit granted, that date being June 30, 2002 unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 18. The following waivers were granted in determining this decision: a) Waiver to provide a map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary; b) Waiver to provide tree cover on the subject property and all properties directly abutting the subject property by dominant species and average height; c) Waiver to provide lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed); d) Waiver(s) to provide all sight lines as described in Section 8.9.5.d.iv.14. e) Waiver to provide a landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species, f) Waiver to schedule a balloon test with the Planning Board at the proposed site. 19. The following information shall be deemed part of the decision: Plan titled: Sprint PCS SBA Tower 300 Chestnut Street North Andover, MA Prepared for: Sprint Spectrum LP One Intematinal Boulevard, Suite 800 Mahwah, NJ 07495 Prepared by: Bay State Design Associates, Inc. 266 Summer Street Boston, MA 02210 Dated: 12/7/99, revised 1/28/00, 3/15/00, 4/4/00 Sheets: T-1, Cl -C3, Al b) Report: Application for Wireless Services Facility Special Permit, April 14, 2000 Prepared for: Sprint Spectrum LP, 300 Chestnut Street, North Andover, MA Prepared by: Wellman Associates, Inc. 10 State Street Newburyport, MA 01950 cc. Building Inspector Applicant Engineer RECEIVED JOYCE BRADSHAW TOWN CLERK Town of North Andover Aannin� Board 1000 APR 14 A 40 Please type or print dearly. 1. Petitioner. Sprint Spectrum LP Address: One International Boulevard, Suite 800, Mahwah, NJ 07495 Telephone number. Contact Peter Cooke - Wellman Associates, Inc.. 10 State 2. Owners of the Land: SBA Towers, Inc. Address: I Town Center Road, Boca Raton FL 33486 Telephone number. (978) 453-3399 Number of years of ownership: 2 i - 'y- RECEIvEC APR 1 4 2000 If applicant is not the owner, please state interest in property: Applicant is lessee of property 3. Request for a Special Permit under Section 8.9 of the North Andover Zoning Bylaw to installation and operation of a wireless service facility including nine (9) panel antennas, and associated cabling, utilities and equipment cabinets as shown on the attached plans. The installation will be placed on an existing tower strumae. 4. Location of Property* 300 Chestnut Street Zoning District: - R-3 Assessors: Map: 98C Lot #: 2 Registry of Deeds: Book #:: 5224 Page #:: 212 S. Ezisd g Lot: Lot Area (SgFt.): +/- 5.23 Acres Building Height: Tower 160' Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 6. Proposed Lot (if applicable): Lot Area (Sq.Ft.): Building Height: Street Frontage: Side Setbacks: From Setback: Rear Setback: Floor Area Ratio: Lot Coverage: Apr it 00 09:17a SBR,Inc. LOWell,MR 978-453-3299 p.3 ---'7. BegWM Lot (as required by Zoning Bylaw), LotArea (Sq -Ft): 25,000 SF Building Height SbentFmntage: 125' Side Setbacks: Front Setback 10' gear Setback: FloorArealtatia: N/A Lot Coverage: RECEIVED 3Y APR 1 4 2000 20' 30' NORTH ANDOVER N/A PLANNING OEpAITMENT S. Existing Building (if applicable): - G-ound Floor (Sq. Ft): # of Floors: Total Sq. Ft: - Height: Taws - 160' Use: Type of Consauctian: 9. Proposed Building. Ground Floor(Sq. Ft): 9 of Floors: Total Sq. Ft: _ Height: No Chasse Use: Type. of Construction: --- - 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? . If sa, when and far what type of eoosuumian ? APPtrcant has made no mevioua aoolication .-. 11. Petitioner and Landowner signatures) Every apphcadou for a Special Permit shall be made on this form which is the afficial form of the Planning Board Every application shall be Sled with the Town Clerk's Office. It shall he the responsibility of the petitioner to furnish all supporting dacvmemation with this application- The dated copy of this application received by the Town Clerk or Planning Office does act absolve the appficantfrom this responsibility. The petitioner shall be responsible for all expenses for Mug and legal notification. Failure to comply with application requit®ems, as cited herein and in the Plan®g Board Pules and regulations may result in a dismimal by the Planning Board of this application as incomplete. //n / Petitioaees Signature: /'�J Prim or type namehme: Peaa1(00ke- Agent for Seim Spectrum LP Owner's Signature: Oe -1, -x; ,7 DW%(MS14 3or7/dn L✓ �gfiT Print or type name hue:AL, E �GJ a ..sd f .Lill° WELLMAN ASSOCIATES, INC. 10 STATE STREET NEwBtmilx)RT, MA 01950 (978) 589-9870 FACSIaBLE (978) 589-9421 April 14, 2000 RECEIVED APR 1 4 2000 NORTH ANDOVER PLANNING DEPARTMENT Planning Board Town of North Andover Town Hall North Andover, MA VIA: Hand Delivery RE: Application for Wireless Services Facility Special Permit Applicant: Sprint Spectrum LP 300 Chestnut Street, North Andover, MA Dear Members of the Board On behalf of Sprint Spectrum LP, we respectfully request a Special Permit for a Wireless Services Facility under Section 8.9, Section 10.3 and all other applicable codes and provisions of the Town of North Andover Zoning By-laws. Company Information Sprint Spectrum LP is licensed by the Federal Communications Commission to provide Personal Communication Services (PCS) and this proposed site will be an integral part of Sprint's expansion of its existing service network in Eastern Massachusetts. The wireless division of Sprint, Sprint PCS operates the largest 100 -percent digital, 100 -percent PCS nationwide wireless network in the United States and serves the vast majority of the nation's metropolitan areas and more than 4,000 cities and communities across the country. Proposed tostallation The applicant proposes to install nine (9) panel style antennas at an approximate height of 150' on an existing 160' guyed communications tower. These antennas will be attached via coaxial cable to up to 7 equipment cabinets placed at the base of the tower on concrete piers within an approximate 12' x 20' ground lease area. The existing fenced area will be expanded to enclose the Sprint equipment area. The installation requires only electric and telephone utilities and, once completed, will require, on average, monthly maintenance visits. No water, sewer or other municipal services are required. Please also note that no back up generator is included as part of the installation. RECEl16='D OR 1 4 2000 Application Materials NORTH ANDOVEq PLANNING DEPARTMENT Please find the following materials in support of this Request for Special Permit: • Three (3) copies of the completed Special Permit Application form. • Nine (9) sets of plans for the proposed facility prepared by Bay State Design Associates, Inc. • Three (3) sets of existing conditions photographs and photosimulations of the proposed antenna configuration • Three (3) copies of an Acoustic Impact Study prepared by Rosati Acoustics + Multimedia dated 1/12/00 for the proposed installation • Three (3) copies of a Radio Frequency Radiation Report prepared by Mr. Don Haes • Three (3) copies of the applicant's submittal for approval to the Massachusetts Department of Public Health pursuant to the provisions of Chapter 105 CMR 122.000 • Three (3) copies of coverage maps showing the location of the proposed facility and all surrounding sites within the Sprint PCS network • An original and two (2) copies of the completed abutters list along with 56 postage stamps as required • Three (3) copies of a corporate brochure prepared by Sprint which describes the company, its technology and network deployment, and its efforts to minimize impacts upon the community. • Payment of the filing fee in the amount of $100 • Payment of the application review fee of $2,000 Waiver Requests Given that the proposed installation requests co -location of equipment on an existing tower structure rather than the erection of a new tower structure, the applicant respectfully requests waivers for the following provisions: Section 8.9.5.d.(ii.5,iii.3,iii. 12,iv. 1-4,v.6-7) Criteria for Approval Per the criteria for approval outlined in Section 8.9.IO.a of the Town of North Andover Zoning By- law, the applicant believes the proposed installation will not be substantially more detrimental to the neighborhood. In fact, it creates public benefits by encouraging co -location and eliminating the need by the applicant to propose a new tower structure to serve the surrounding area while still providing the North Andover community with improved wireless communications services. With regard to the general Special Permit criteria outlined in Section 10.3.1 of the Town of North Andover Zoning By-law, we would offer the following: The specific site is an appropriate location for such a use, structure or condition; The site currently is used for wireless communications purposes and the proposed installation does not extend the existing tower height. RECR3V,po APR 1 4 2000 The use as developed will not adversely affect the neighborhood; PLANN NG p NOOVep EPAgTMENT The additional antennas have little or no visual impact on surrounding properties and the ground mounted equipment cannot be seen due to its siting on the top of a hill within a heavily forested area. No other environmental impacts can be reasonably expected. There will be no nuisance or serious hazard to vehicles or pedestrians; After construction, the installation will, on average, generate only once per month site visits by company technical personnel and poses little threat to pedestrians or vehicles. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; The applicant has a proven track record and substantial assets to ensure its commitment to the proper operation of the Facility. In addition, the facility must meet many stringent federal, state and local regulations including those of the Federal Communication Commission, Massachusetts Department of Public Health, Massachusetts State Building Code and those of the Town of North Andover in order to continue operation. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this Bylaw. The Bylaw recognizes the need to accommodate wireless communication facilities within the Town of North Andover and encourages the co -location and the use of existing structures, as this application proposes, when possible. The proposal is consistent with the Bylaws desire for appropriate use of land and improving the town's infrastructure and amenities. We look forward to meeting with the Board at its next available public hearing date in order to formally consider this proposal. Please call with questions or comments before then. Sinc5fely, ieitafoolk, Principal Enclosures Tab I Completed Application Form, Abutters List and Copies of Filing and Review Fees Tab 2 Existing and Proposed Conditions Photographs Tab 3 Acoustic Impact Study Tab 4 Radio Frequency Radiation Report and Mass DPH Filing Tab 5 Network Coverage Maps Cc: Mr. Rick Carey— VHB, Inc. (w/enclosures) Mr. Tom Abermtha — Sprint Spectrum LP Nov -17-00 02 -IOP North Andover Co.. Dev Received by Town Clerk: FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL To the Planning Board of the Town of North Andover: RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 1000 NOV 20 P 4 34 The undersigned wishes to reoord the accanpanying plan and requests a determination by said Board that apt nval by it under and Subdivision Control Law is not required The tndeniayed betiev teat such approval is not required for :he following reasons: The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amohun of frontage required by the North Andover Zoning By Law and is on a public way. namely. Inn Rt or a private way, namety, being land bounded as follows: 2. The division of land shown on the accompanying plan is nota subdivision for the following reasons: No 11,,nnne 1-� th, nl,n ,ill@j llj p1nT1g, ,A are X11 -�.,e=e r ^^ �" ..' ^g the -emist; ng paFee' . 3. Title reference North Essex Deed. Book _q�'¢. Page 212 or Certificate of Title No. . Registration Book ; Page Appli I` v Inc. r (print name lve-- Applitsud's Address: 175 rahnr Street -r SUite 113 T"ell NA -1854 TeLNO. (617)320-8970 roll (978)453-3399 office Received by Town Clerk: Owner's signature and address if not the applicent /,y00- 508 688 9542 /�, / 0,01 RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 1000 NOV 20 P 4 34 The undersigned wishes to reoord the accanpanying plan and requests a determination by said Board that apt nval by it under and Subdivision Control Law is not required The tndeniayed betiev teat such approval is not required for :he following reasons: The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amohun of frontage required by the North Andover Zoning By Law and is on a public way. namely. Inn Rt or a private way, namety, being land bounded as follows: 2. The division of land shown on the accompanying plan is nota subdivision for the following reasons: No 11,,nnne 1-� th, nl,n ,ill@j llj p1nT1g, ,A are X11 -�.,e=e r ^^ �" ..' ^g the -emist; ng paFee' . 3. Title reference North Essex Deed. Book _q�'¢. Page 212 or Certificate of Title No. . Registration Book ; Page Appli I` v Inc. r (print name lve-- Applitsud's Address: 175 rahnr Street -r SUite 113 T"ell NA -1854 TeLNO. (617)320-8970 roll (978)453-3399 office Received by Town Clerk: Owner's signature and address if not the applicent Nov -17-00 02:10P North Andover Corn. Dev. 508 688 9542 p.02 Notice to APPLICANTITO WN CLERK of action Of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does am require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G.L. c. 41, s. 81-L and must therefore be rasu6mitled to it for approval under the Subdivision Control Law. Very truly your. North Andover Planning Board By: Growth Management ByLaw Developrnent Schedule Nov -17-00 02:10P North Andover Com. Dev. 508 688 9542 P.03 Town of North Andover Planning Board This form represents the schedule for allowing the following Ira to be considered as eligible for building permits under the Town of North Andover Management by-law Section 8.7 of the Zoning by-law. Pursant to 8.7 this Devclopment Schedule must be filed in the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any building permit or Permit for construction. Name and Address of Applicant for Lots: Name of Deve ent: N/A N/A M and Parcel of Ori irul: Dale ofA lieation for Lots Division: N A Lob Covered by this Schedule The Planning Board by their signature below, or a signature of a duly authorized representative, do hereby establish for the above named development the following Development Schedule for the purpose of Section 8.7 of the Growth management By -Law. The applicant, thew assignees, successors and or subsequent Property owners shall conform to the following schedule that limits the eligibility of the following ids for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed of each lot shall at minimum reference the book and page in which this Development Schedule is filed and contain the language: "Ibis IM Is subject to a Development Schedule pursuant to the Town of North Andover Zoning By-law all owners, representatives, and tLture purchasers should avail themselves ofsaid restriction by reviewing the approved Development Schedule as filed in Book insert here and Page insert here. 'tine fad that a lot is eligible fur a building permit is subject to the limitation of the number of building permits per year pursuant to section 8.7.2d of the Zoning By -Law." The Planning Board hereby schedule the lat(s) for the above development as follows: Signature of Planing Board member or Authorized Representative May -11-01_03:42P SBA May 11, 2001 Ms. Heidi Griffin Town Planner 27 Charles Street North Andover, MA 01845 RE: SBA, Inc. Application for Special Permit April 20, 2001 Dear Ms. Griffin. jGU C HF�TIAAn 'W P.02 /i2 PJ e 1�26y RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 1001 MAY I I P 3 50 SBA hereby requests to withdraw its application for a Special Permit that was submitted on April .0, 2001. Thank yolin advance for your courtesies. D La Silva SBA, Inc. 511. I., a )IS !.lel Sind o til, 113 - ls.ell, a8 01154 0 (978) 153-3391 fo (978) 153$199 0 ... 460cla- May -11-01 O3:42P a• facsimile transmittal To: Karen RUgibbons From: Jacki Date: 5/11/2001 Re: Time Slemp Pages: 2 CC: ❑ urgem ❑ For Review 0 Plwe Commend ❑ Pbaoe R&W O Please Rerycle I . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors MalvPlat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Ralph Joyce Property Owner (if different) Essex 2868 177 County gook Page 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: it is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: yab,m W.Ecc•rev. l?I1S00 Pega t o13 m 9� Massachusetts Department of Environmental Protection P i�9 Bureau of Resource Protection -Wetlands WPA Form OB — Certificate of Compliance DEP File Numbe, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-975ed M DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: fors on the Mr. Ralph Joyce computer, use Name only the tab key to move 95 Main Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. Clry/rown state Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Ralph Joyce Name October 6, 1999 242-975 Dated DEP File Number 3. The project site is located at: VLot 7 Chestnut Street North Andover Street Address C'ryRown Assessors MalvPlat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Ralph Joyce Property Owner (if different) Essex 2868 177 County gook Page 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: it is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: yab,m W.Ecc•rev. l?I1S00 Pega t o13 Massachusetts Department of Environmental Protection kilBureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40r o2- 9a5by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above - referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Issi Condition Numbers: Authorization This Certificate must be signed b majority of the Conservation Commission and a copy sent to the applicant and appropriate D _99i4tpal Office (See Appendix A). PLI before me Of z4la. - Month ane Wr to me known to be the person described in and who executed the foregoing instrument and acknowled ed that he/she executed the same as his/her free act and deed. dlb-d-� A/ /fie ,P/7AW)l Notary Pubic ° Myc m.-4firt etom •wmrm ed.dw • mv. tatvao Pays 2 M3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP RIO Nember. WPA Form 8B — Certificate of Compliance zaz-see Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Please be advised that the Certificate of Compliance for the project at: Project Has been recorded at the Registry of Deeds of: for. and has been noted in the chain of title of the affected property on: Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: ..yaronn ao ac • re..'Wfm, Pam 3 o13 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix A — DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c 131 §40 Mail transmittal forms and DEP payments, payable to: commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Aeeme coleale Harepmn moor« PMilncMexn 436 Dwight Street goearn c0nw« Hannay Momague Plnsnaie ry,lrgnam Suite 402 A,ra cumminglon Hadi monnrer Pla,hatl nicnmone wales MA 01103 Amn..w ASMiab Dart- eorh Deerearr HeMey, M Moonier, a.— wan 4M1,arMM Phone: 413eld, Herne' Eas,amplon Hearn Hlnwele facer washinplm Hassell Freed vele wasMrgmn Fai 41 -78,11149 Fd X: 413-]64-1149 arurne Brewster EaslLmgm«gout HollaM Naw AsnbN Savoy Yee ere Fanatical Fanatical Greener HuntrK New MaRaougn SneMeie weallieitl elantltptl Eniap Faring Hunlmgton New Sag— Bnelhurne WesNemplm Brimlap F."'a Lanesnomrgh No" AWms Snula�Wry w«t Strangfeld Bucklaria GIII Lae NOMampbn Swtnamptm WaslsbcXFor -fair Cnearany HarestiG Lenox Phihou. sou, Had, W he Chemin 'Tasoutnen Granny Lawrery "When oran ge Southwark WiUrNem coaster Gra Palo Lerear h span uad Wherencer g Creeleniela Great Herimglon Lmgmeodym Palmar SocMneae Wnesorlown ceicopee Greenham weUw refinery Forgetter. cmMsbmg Hanley Mieaeneia Pam ralarA Wonmrgion DEP Central Region a+on Gore. Hopkinton knnte, PMilncMexn 627 Main Street Acheumnam Clinton HunWre9M carela HI snide, uxtnage Worcester, MA 01605 Mhdy Athol IMater" Xuemn Neweninhee sheraswry waren Webner Phone: 508-]927650 aurum pueby ominade Ir.enton Lincatar NoMMmuegh sculMpmup Wee,arougn Fax: 508-792-7621 Ayer sear Broaeiem Lemeaer Nqt a' NOM eroolaae sou�thhetlga w«i Boylslm TDD: 508-767-2788Bene arurne Brewster FII Leominster Damam leg W. eroakne, Bellingham Greener retyrron GeraldWestmesler waertole Benin Gan'. Lu«nWry Paaon Scrne w4ftm BkGStMe Groh Merltvw9h PePPorell $ullon� yingryheNm Bunton HarveM Mayoral Petersham T WeVmou, Be..,erageagen HarestiG Meewey Phihou. Toyan e schatcn Brwktie. H°le®' Huarache Weall Neen geaarg meaenrongh WlnchecRr Win,mp Carlisle Hamilton r-r—ran MeebN Melrou alearm petal Wonum DEP southeast Region Aeirytoe D..unh Fr«sown Ma«pawn PMilncMexn M Riverside Drive Accareer Dennis Gey Hine Miaelelwrouyr Fe)nhem rieeury Lakeville, MA 02347 Ammeoro Avon Degree Gosnae Nantudet H .th Truro We.— we.— Phone: Bemstade EangDecr Eastham HaX4x Hanover' NewB9eloN Hgleattt W&nl«I 508-9et?'652700 Fax 506-94]-655] Begley Fast Prevent., Ha«on NMh Alrebpoce, Nunon R.I. W«.t audgevsnr TDD: 508-946-2795 arurne Brewster Eestm HerviM Nor«n szmwlch sutwte w«tpoa wee naeury lageter Brwa Eepanovn FalMevev King9w trianglecrMeyffana Duk anSeal WniMan BmcMon Fall quer Manstieq PemprWe Bnerar w4ftm Carver Fifteenth W= PpvMlle Somerset stcugnten Vermouth Cnaham Fomorolyn Ma Me foreayth yAsy«oa WeVmou, CeilxM Fra lln Ity-houly, larephon .inlet DEP Northeast Region A...., eneknslare HmgNm Memonto 205 Lowell Street AndeOer chaise. Hatmnk Me,ace ounP, watureare Wilmington, MA 01887 Ahvl canes«' Hak facellM Penes n H«ams walmHam Phone: 978-661-7600 Bidlcre cMcme Dan«n I'M. Minta He'rera eventual eventwarrea Fax: 9]8-661-]615 Guarneri DeMain Loaner. L. a,- MWon Nananl goaluorl TDD: 978-661-]679 Beveey Davey Laterite Natkk some y SMem .Mon Beaten Dracut regia Leave N«enam we nam WPot Ne r, eoNON Everett Lynn L Nextx,, re SurchanV Weston Beentre. Framingham Ig.k. �rIpart Gneranrn Waeryw �y BrmXlirg Gepgelonn MCMnester-ByrraG« Nor One�xm WeVmou, BurlingM GleumSler MarnlMgaO Nonn Mier Sur., Camtetlpe Canton Grovalane MXHreIo Neen geaarg jyamgcptl WlnchecRr Win,mp Carlisle Hamilton r-r—ran MeebN Melrou No,.. Taxkare, Wonum Peanoey TcpseaM apahroule Mc. Appendix A. rev. I t/2NO2 Page 1 of /y/ 0�e- f bf RECEIVED JOYCE BRADSHAW N TOWN CLERK TOWN Of North Andover Planning BoargORTH ANDOVER 2001 APR 20 P 1: 35 Please type or print clearly: 1. Petitioner: Ina P,an rt;AQ Tn. Address: 179 NA 01654 Telephone Number:�yZgt 2. Owners of theLand: Iamo Address: Telephone Number: Number of years ownership: two 1 Z I If applicant is not the owner, please state interest in property: 3. Request for a Special Permit under Section 8..941 0 bf the North Andover Zoning Bylaw tor ,,.. strt lr nl..,.. ,t: .. va t... i, with a new 190' monopole 4. Location of Property: znn rhrltnut qf-rPPt w th And�14A 01845 Zoning District:_kosidant.ial-3 Assessors: Map: gar Lot# 2 Registry of Deeds: Book #: 5224 Page # 212 5. Existing Lot: Lot Area (Sq. Ft): 22S,000 F. Building Height: --n 12 Street Frontage; r71 Side Setbacks: 1191 Font Setback: 2nn1 Rear Setback: 160' Floor Area Ration: _ „/. Lot Coverage: _y / 6. Proposed Lot (if applicable): Lot Area (Sg.Ft.): 228,000 S.F. Building Height: n/a Street Frontage:. 57' Side Setback: 1 1 a' - Front Setback:- 20n' Rear Setback: LAD' Floor Area Ratio: _n/a Lot Coverage: n/a 7. Required Lot (as required by Zoning Bylaw); Lot Area (Sq.Ft.): 95 000 Building Height: n/a Street Frontage: 1911, Side Setback: 20 Front Setback: 3D Rear Setback: 34L - Floor Area Ratio: n/a Lot Coverage: n/a 8. Existing Building (if applicable): Ground Floor (Sq.Ft.) # of Floors Total Sq. Ft.; Height: Use: equipment she! -PF Type of Construction: 9. Proposed Building: Ground Floor (Sq.Ft.) Total Sq. Ft.; Use: # of Floors Height: Type of Construction: 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? �eG If so, when and for what type of construction?g,.;,,F n„Q applied _ Spegial install wireless Communication facilify in gitp 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incgmpleti Petitioner's Signature: Print or type name here: D. Lagana Silva for SBA, Inc. Owner's Signature: Print or type name here: